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LEGISLATIVE  DEPARTMENT. 


CONSTITUTIONAL  PROVISIONS  RELATIVE  THERETO,  COM- 
PARED WITH  THE  PROVISIONS  OF  ARTICLE  IV, 
MICHIGAN  CONSTITUTION. 


[Compiled  by  the  Michigan  Legislative  Reference  Department  for  the 
Committee  on  Printing  of  the  Constitutional  Convention  of  1907.] 

• ( 


N.  B. — As  constitutional  provisions  are  differently  grouped  in  sections  in  different 
states,  no  sharp  classification  can  be  made  and  topics  will  sometimes  be  found  under 
other  headings. 

LEGISLATIVE  POWER  VESTED. 

(5)  Sec.  1.  The  legislative  power  is  vested  in  a senate  and  house  of 
representatives. — Mich.  (1850),  Art.  4. 

Sec.  44.  The  legislative  power  of  this  state  shall  be  vested  in  a legis- 
lature, which  shall  consist  of  a senate  and  a house  of  representatives. — 
Ala.  (1901),  Art.  4. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  a gen- 
eral assembly,  which  shall  consist  of  the  senate  and  house  of  represen- 
tatives.— Ark.  (1874),  Art.  5. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  a senate 
and  assembly,  which  shall  be  designated  the  legislature  of  the  state  of 
California;  and  the  enacting  clause  of  every  law  shall  be  as  follows: 
‘‘The  people  of  the  state  of  California,  represented  in  senate  and  assem-  * 
bly,  do  enact  as  follows.”— Cal.  (1880),  Art.  4. 

Sec.  1.  The  legislative  power  shall  be  vested  in  the  general  assembly, 
and  shall  consist  of  a senate  and  house  of  representatives,  both  to  be 
elected  by  the  people. — Colo.  (1876),  Art.  5. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  two  dis- 
tinct houses  or  branches;  the  one  to  be  styled  the  senate,  the  other  the 

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house  of  representatives,  and  both  together  the  general  assembly.  The 
style  of  their  laws  shall  be,  Be  it  enacted  by  the  senate  and  house  of 
representatives  in  general  assembly  convened. — Conn.  (1818),  Art.  3. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  a general 
assembly,  which  shall  consist  of  a senate  and  house  of  representatives. — 
Del.  (1897),  Art.  2. 

Sec.  1.  The  legislative  authority  of  this  state  shall  be  voted  in  a senate 
and  a house  of  representatives,  which  shall  be  designated,  “The  legisla- 
ture of  the  state  of  Florida,”  and  the  sections  thereof  shall  be  held  at 
the  seat  of  government  of  the  state. — Fla.  (1885),  Art.  3. 

Sec.  1.  Par.  1.  The  legislative  power  of  the  state  shall  be  vested  in 
a general  assembly,  which  shall  consist  of  a senate  and  house  of  repre- 
sentatives.— Ga.  (1877),  Art.  3. 

Sec.  7.  Par.  22.  The  general  assembly  shall  have  power  to  make  all 
laws  and  ordinances  consistent  with  this  constitution,  and  not  repug- 
nant to  the  constitution  of  the  United  States,  which  they  shall  deem 
necessary  and  proper  for  the  welfare  of  the  state. — Ga.  (1877),  Art.  3. 

Sec.  1.  The  legislative  power  of  the  state  shall  be  vested  in  a senate 
and  house  of  representatives.  The  enacting  clause  of  every  bill  shall 
be  as  follows : “Be  it  enacted  by  the  legislature  of  the  state  of  Idaho.” — 
Idaho  (1889),  Art.  3. 

Sec.  1.  The  legislative  power  shall  be  vested  in  a general  assembly, 
which  shall  consist  of  a senate  and  house  of  representatives,  both  to  be 
elected  by  the  people. — III.  (1870),  Art.  4. 

Sec.  1.  The  legislative  authority  of  the  state  shall  be  vested  in  a gen- 
eral assembly,  which  shall  consist  of  a senate  and  house  of  represen- 
tatives. The  style  of  every  law  shall  be,  “Be  it  enacted  by  the  general 
assemblv  of  the  state  of  Indiana;”  and  no  law  shall  be  enacted  except  by 
bill. — Ind.  (1851),  Art.  4. 

Sec.  16.  Each  house  shall  have  all  powers  necessary  for  a branch  of 
the  legislative  department  of  a free  and  independent  state. — Ind.  (1851), 
Art.  4. 

Sec.  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a senate  and  house  of  repre- 
sentatives; and  the  style  of  every  law  shall  be — “Be  it  enacted  by  the 
general  assembly  of  the  state  of  Iowa.” — Ioica  (1857),  Art.  3. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  a house 
of  representatives  and  senate. — Kan.  (1859),  Art.  2. 

Sec.  29.  The  legislative  power  shall  be  vested  in  a house  of  represen- 
tatives and  a senate,  which,  together,  shall  be  styled  the  “General  as- 
sembly of  the  commonwealth  of  Kentucky.” — Ky.  (1891),  Sec.  29. 


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Art.  21.  The  legislative  power  of  the  state  shall  be  vested  in  a gen- 
eral assemblv,  which  shall  consist  of  a senate  and  house  of  representa- 
tives.—La.  (1898),  Art.  21. 

Sec.  1.  The  legislative  power  shall  be  vested  in  two  distinct  branches, 
a house  of  representatives,  and  a senate,  each  to  have  a negative  on  the 
other,  and  both  to  be  styled  the  legislature  of  Maine  and  the  style  of 
their  acts  and  laws,  shall  bo,  “Be  it  enacted  by  the  senate  and  house  of 
representatives  in  legislature  assembled.” — Me.  (1819),  Art.  4,  Part  1. 

Sec.  1.  The  legislature  shall  consist  of  two  distinct  branches — a senate 
and  a house  of  delegates — and  shall  be  styled  the  general  assembly  of 
Maryland. — Aid.  (1867),  Art.  3. 

Art.  1.  The  department  of  legislation  shall  be  formed  by  two  branches, 
a senate  and  house  of  representatives,  each  of  which  shall  have  a negative 
on  the  other.  [The  general  court  shall  assemble  every  year  on  the  first 
Wednesday  of  January  and  do  all  the  other  acts  which  are  by  the  con- 
stitution required  to  be  made  and  done  at  the  session  which  has  hereto- 
fore commenced  on  the  last  Wednesday  of  May.  And  the  general  court 
shall  be  dissolved  on  the  day  next  preceding  the  said  first  Wednesday 
of  January,  without  any  proclamation  or  other  act  of  the  governor. 
But  nothing  herein  contained  shall  prevent  the  general  court  from  as- 
sembling at  such  other  times  as  they  shall  judge  necessary,  or  when 
called  together  by  the  governor,]  and  shall  be  styled  the  general  court 
of  Massachusetts. — Mass.  (1780),  Part  2,  Chap.  1,  Art.  1 (Amdt.). 

Art.  4.  And  further,  full  power  and  authority  are  hereby  given  and 
granted  to  the  said  general  court,  from  time  to  time  to  make,  ordain,  and 
establish,  all  manner  of  wholesome  and  reasonable  orders,  laws,  statutes, 
and  ordinances,  directions  and  instructions,  either  with  penalties  or  with- 
out ; so  as  the  same  be  not  repugnant  or  contrary  to  this  constitution,  as 
they  shall  judge  to  be  for  the  good  and  welfare  of  this  commonwealth, 
and  for  the  government  and  ordering  thereof,  and  of  the  subjects  of  the 
same,  and  for  the  necessary  support  and  defence  of  the  government 
thereof ; and  to  name  and  settle  annually,  or  provide  by  fixed  laws  for  the 
naming  and  settling,  all  civil  officers  within  the  said  commonwealth,  the 
election  and  constitution  of  whom  are  not  hereafter  in  this  form  of  gov- 
ernment otherwise  provided  for;  and  to  set  forth  the  several  duties,  pow- 
ers, and  limits,  of  the  several  civil  and  military  officers  of  this  common- 
wealth, and  the  forms  of  such  oaths  or  affirmations  as  shall  be  respect- 
ively administered  unto  them  for  the  execution  of  their  several  offices  and 
places,  so  as  the  same  be  not  repugnant  or  contrary  to  this  constitution ; 
and  to  impose  and  levy  proportional  and  reasonable  assessments,  rates, 
and  taxes,  upon  all  the  inhabitants  of,  and  persons  resident,  and  estates 
lying,  within  the  said  commonwealth;  and  also  to  impose  and  levy  rea- 
sonable duties  and  excises  upon  any  produce,  goods,  wares,  merchandise, 
and  commodities,  whatsoever,  brought  into,  produced,  manufactured,  or 
being  within  the  same;  to  be  issued  and  disposed  of  by  warrant,  under 
the  hand  of  the  governor  of  this  commonwealth  for  the  time  being,  with 
the  advice  and  consent  of  the  council,  for  the  public  service,  in  the  neces- 
sary defence  and  support  of  the  government  of  the  said  commonwealth. 


4 


and  the  protection  and  preservation  of  the  subjects  thereof,  according  ' 
to  such  acts  as  are  or  shall  be  in  force  within  the  same. 

And  while  the  public  charges  of  government,  or  any  part  thereof,  shall 
be  assessed  on  polls  and  estates,  in  the  manner  that  has  hitherto  been 
practiced,  in  order  that  such  assessments  may  be  made  with  equality, 
there  shall  be  a valuation  of  estates  within  the  commonwealth,  taken 
anew  once  in  every  ten  years  at  least,  and  as  much  oftener  as  the  gen- 
eral court  shall  order. — Mass.  (1780),  Part  2,  Chap.  1,  Sec.  1,  Art.  4. 

Sec.  1.  The  legislature  shall  consist  of  the  senate  and  house  of  rep- 
resentatives, which  shall  meet  biennially  at  the  seat  of  government  of 
the  state,  at  such  time  as  shall  be  prescribed  by  law,  but  no  session 
shall  exceed  the  term  of  ninety  (90)  legislative  days;  and  no  new  bill 
«haii  be  introduced  in  either  branch,  except  on  the  written  request  of 
the  governor,  during  the  last  twenty  (20)  days  of  such  sessions,  except 
the  attention  of  the  legislature  shall  be  called  to  some  important  matter 
of  general  interest  by  a special  message  from  the  governor. — Minn.  (1857), 
Art.  4 (Arndt.  1888). 

Sec.  33.  The  legislative  power  of  this  state  shall  be  vested  in  the  leg- 
islature, which  shall  consist  of  a senate  and  a house  of  representatives. — 
Miss.  (1890),  Art.  4. 

Sec.  1.  Subject  to  the  limitations  herein  contained,  shall  be  vested  in 
a senate  and  house  of  representatives,  to  be  styled  “The  general  assem- 
bly of  the  state  of  Missouri.” — _l/o.  (1875),  Art.  4. 

Sec.  1.  The  legislative  power  shall  be  vested  in  a senate  and  house  of 
representatives,  which  shall  be  designated  “The  legislative  assembly  of 
the  state  of  Montana.” — Mont.  (1889),  Art.  5. 

Sec.  1.  The  legislative  authority  is  vested  in  a senate  and  house 
of  representatives. — Neb.  (1815),  Art.  3. 

Sec.  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a 
senate  and  assembly,  which  shall  be  designated  “The  legislature  of  the 
state  of  Nevada,”  and  the  sessions  of  such  legislature  shall  be  held  at 
the  seat  of  government  of  the  state. — Ncv.  (1864),  Art.  4. 

Art.  2.  The  supreme  legislative  power  within  this  state  shall  be  vested 
in  the  senate  and  house  of  representatives,  each  of  which  shall  have  a 
negative  on  the  other. — N.  H.  Part  2,  Art.  2. 

Art.  4.  The  general  court  shall  forever  have  full  power  and  authority 
to  erect  and  constitute  judicatories  and  courts  of  record  or  other  courts, 
to  be  holden  in  the  name  of  the  state,  for  the  hearing,  trying,  and  deter- 
mining all  manner  of  crimes,  offences,  pleas,  processes,  plaints,  actions, 
causes,  matters  and  things  whatsoever,  arising  or  happening  within  this 
state,  or  between  or  concerning  persons  inhabiting,  or  residing,  or  brought 
within  the  same,  whether  the  same  be  criminal  or  civil,  br  whether  the 
crimes  be  capital  or  not  capital,  and  whether  the  said  pleas  be  real,  per- 
sonal, or  mixed,  and  for  the  awarding  and  issuing  execution  thereon,  to 


A 


which  courts  and  judicatories  are  hereby  given  and  granted  full  power 
and  authority,  from  time  to  time,  to  administer  oaths  or  affirmations 
for  the  better  discovery  of  truth  in  any  matter  in  controversy  or  depend- 
ing before  them. — N.  H.  Part  2,  Art.  4. 

Art.  5.  And,  further,  full  power  and  authority  are  hereby  given  and 
granted  to  the  said  general  court,  from  time  to  time,  to  make,  ordain, 
and  establish  all  manner  of  wholesome  and  reasonable  orders,  laws,  stat- 
utes, ordinances,  directions,  and  instructions,  either  with  penalties  or 
without,  so  as  the  same  be  not  repugnant  or  contrary  to  this  constitution, 
as  they  may  judge  for  the  benefit  and  welfare  of  this  state  and  for  the 
governing  and  ordering  thereof  and  of  the  subjects  of  the  same,  for  the 
necessary  support  and  defence  of  the-  government  thereof,  and  to  name 
' and  settle  biennially,  or  provide  by  fixed  laws  for  the  naming  and  set- 
tling of,  all  civil  officers  within  this  state,  such  officers  excepted  the  elec- 
tion and  appointment  of  whom  are  hereafter  in  this  form  of  government 
otherwise  provided  for;  and  to  set  forth  the  several  duties,  powers,  and 
limits  of  the  several  civil  and  military  officers  of  this  state,  and  the  forms 
of  such  oaths  or  affirmations  as  shall  be  respectively  administered  unto 
them  for  the  execution  of  their  several  offices  and  places,  so  as  the  same  be 
not  repugnant  or  contrary  to  this  constitution ; and  also  to  impose  fines, 
mulcts,  imprisonments,  and  other  punishments;  and  to  impose  and  levy 
proportional  and  reasonable  assessments,  rates,  and  taxes  upon  all  the 
inhabitants  of,  and  residents  within,  the  said  state,  and  upon  all  estates 
within  the  same,  to  be  issued  and  disposed  of  by  warrant,  under  the  hand 
of  the  governor  of  this  state  for  the  time  being,  with  the  advice  and  con- 
sent of  the  council,  for  the  public  service,  in  the  necessary  defence  and 
support  of  the  government  of  this  state  and  the  protection  and  preserva- 
tion of  the  subjects  thereof,  according  to  such  acts  as  are  or  shall  be  in 
force  within  the  same : Provided,  That  the  general  court  shall  not  author- 
ize any  town  to  loan  or  give  its.  money  or  credit,  directly  or  indirectly, 
for  the  benefit  of  any  corporation  having  for  its  object  a dividend  of 
profits,  or  in  any  way  aid  the  same  by  taking  its  stock  or  bonds. — A.  H. 
Part  2,  Art.  5. 

1.  The  legislative  power  shall  be  vested  in  a senate  and  general  as- 
sembly.— N.  J.  (1844),  Art.  4,  Sec.  1,  Cl.  1. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  the  senate, 
and  assembly. — N.  Y.  (1894),  Art.  3. 

Sec.  1.  The  legislative  authority  shall  be  vested  in  two  distinct 
branches,  both  dependent  on  the  people,  to  wit : A senate  and  house  of 
representatives. — N.  C.  (1875),  Art.  2. 

Sec.  25.  The  legislative  power  shall  be  vested  in  a senate  and  house 
of  representatives. — A7.  Dak.  (1889),  Art.  2. 

Sec.  52.  The  senate  and  house  of  representatives  jointly  shall  be  desig- 
nated as  the  legislative  assemblv  of  the  state  of  North  Dakota. — -N.  Dak. 
(1889),  Art.  2. 

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Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  a general 
assembly,  which  shall  consist  of  a senate,  and  house  of  representatives. — 
Ohio.  (1851),  Art.  2. 

Sec.  1 . The  legislative  authority  of  the  state  shall  be  vested  in  a legis- 
lature, consisting  of  a senate  and  a house  of  representatives;  but  the 
people  reserve  to  themselves  the  power  to  propose  laws  and  amendments 
to  the  constitution  and  to  enact  or  reject  the  same  at  the  polls  inde- 
pendent of  the  legislature,  and  also  reserve  power  at  their  own  option,  to 
approve  or  reject  at  the  polls  anv  act  of  the  legislature. — Okla.  (1907), 
Art.  5. 

Sec.  2.  The  first  power  reserved  by  the  people  is  the  initiative,  and 
eight  per  centum  of  the  legal  voters  shall  have  the  right  to  propose  any 
legislative  measure,  and  fifteen  per  centum  of  the  legal  voters  shall  have 
the  right  to  propose  amendments  to  the  constitution  by  petition,  and  every 
such  petition  shall  include  the  full  text  of  the  measure  so  proposed.  The 
second  power  is  the  referendum,  and  it  may  be  ordered  (except  as  to  laws 
necessary  for  the  immediate  preservation  of  the  public  peace,  health,  or 
safety),  either  by  petition  signed  by  five  per  centum  of  the  legal  voters  or 
by  the  legislature  as  other  bills  are  enacted.  The  ratio  and  per  centum 
of  legal  voters  herein  before  stated  shall  be  based  upon  the  total  number 
of  votes  cast  at  the  last  general  election  for  the  state  office  receiving  the 
highest  number  of  votes  at  such  election. — Okla.  (1907),  Art.  5. 

Sec.  3.  Referendum  petitions  shall  be  filed  with  the  secretary  of  state 
not  more  than  ninety,  days  after  the  final  adjournment  of  the  session  of 
the  legislature  which  passed  the  bill  on  which  the  referendum  is  de- 
manded. The  veto  power  of  the  governor  shall  not  extend  to  measures 
voted  on  by  the  people.  All  elections  on  measures  referred  to  the  people 
of  the  state  shall  be  had  at  the  next  election  held  throughout  the  state, 
except  when  the  legislature  or  the  governor  shall  order  a special  election 
for  the  express  purpose  of  making  such  reference.  Any  measure  re- 
ferred to  the  people  by  the  initiative  shall  take  effect  and  be  in  force  when 
it  shall  have  been  approved  by  a majority  of  the  votes  cast  in  such  elec- 
tion. Any  measure  referred  to  the  people  by  the  referendum  shall  take 
effect  and  be  in  force  when  it  shall  have  been  approved  by  a majority  of 
the  votes  cast  thereon  and  not  otherwise. 

The  style  of  all  bills  shall  be:  “Be  it  enacted  by  the  people  of  the 

state  of  Oklahoma.” 

Petitions  and  orders  for  the  initiative  and  for  the  referendum  shall  be 
filed  with  the  secretary  of  state  and  addressed  to  the  governor  of  the 
state,  who  shall  submit  the  same  to  the  people.  The  legislature  shall 
make  suitable  provisions  for  carrying  into  effect  the  provisions  of  this 
article. — Okla.  (1907),  Art.  5. 

Sec.  4.  The  referendum  may  be  demanded  by  the  people  against  one 
or  more  items,  sections,  or  parts  of  any  act  of  the  legislature  in  the  same 
manner  in  which  such  power  may  be  exercised  against  a complete  act. 
The  filing  of  a referendum  petition  against  one  or  more  items,  sections,  or 
parts  of  an  act  shall  not  delay  the  remainder  of  such  act  from  becoming 
operative. — Okla.  (1907),  Art.  5. 


7 


Sec.  5.  The  powers  of  the  initiative  and  referendum  reserved  to  the 
people  by  this  constitution  for  the  state  at  large,  are  hereby  further  re- 
served to  the  legal  voters  of  every  county  and  district  therein,  as  to  all 
local  legislation,  or  action,  in  the  administration  of  county  and  district 
government  in  and  for  their  respective  counties  and  districts. 

The  manner  of  exercising  said  powers  shall  be  prescribed  by  general 
laws,  except  that  boards  of  county  commissioners  may  provide  for  the 
time  of  exercising  the  initiative  and  referendum  powers  as  to  local  legis- 
lation in  their  respective  counties  and  districts. 

The  requisite  number  of  petitioners  for  the  invocation  of  the  initiative 
and  referendum  in  counties  and  districts  shall  bear  twice,  or  double,  the 
ratio  to  the  whole  number  of  legal  voters  in  such  county  or  district,  as 
herein  provided  therefor  in  the  state  at  large. — Okla.  (1907),  Art.  5. 

Sec.  6.  Any  measure  rejected  by  the  people  through  the  powers  of  the 
initiative  and  referendum  cannot  be  again  proposed  by  the  initiative 
within  three  years  thereafter  by  less  than  twenty -five  per  centum  of  the  9 
legal  voters. — Okla.  (1907),  Art.  5. 

Sec.  7.  The  reservation  of  the  powders  of  the  initiative  and  referendum 
in  this  article  shall  not  deprive  the  legislature  of  the  right  to  repeal  any 
lawT,  propose  or  pass  any  measure,  wh^ich  may  be  consistent  with  the  con- 
stitution of  the  state  and  the  constitution  of  the  United  States. — Okla. 
(1907),  Art.  5. 

Sec.  8.  Laws  shall  be  provided  to  prevent  corruption  in  making,  pro- 
curing and  submitting  initiative  and  referendum  petitions. — Okla.  (1907), 
Art.  5. 

Sec.  36.  The  authority  of  the  legislature  shall  extend  to  all  rightful 
subjects  of  legislation,  and  any  specific  grant  of  authority  in  this  consti- 
tution, upon  any  subject  whatsoever,  shall  not  work  a restriction,  limita- 
tion, or  exclusion  of  such  authority  upon  the  same  or  any  other  subject  or 
subjects  whatsoever. — Okla.  (1907),  Art.  5. 

Sec.  1.  The  legislative  authority  of  the  state  shall  be  vested  in  a 
legislative  assembly,  consisting  of  a senate  and  house  of  representatives, 
but  the  people  reserve  to  themselves  power  to  propose  laws  and  amend- 
ments to  the  constitution  and  to  enact  or  to  reject  the  same  at  the  polls, 
independent  of  the  legislative  assembly,  and  also  reserve  power  at  their 
own  option  to  approve  or  reject  at  the  polls  any  act  of  the  legislative  as- 
sembly. The  first  power  reserved  by  the  people  is  the  initiative,  and  not 
more  than  eight  per  cent  of  the  legal  voters  shall  be  required  to  proposd 
any  measure  by  such  petition,  and  every  such  petition  shall  include  the 
full  text  of  the  measure  so  proposed.  Initiative  petitions  shall  be  filed 
with  the  secretary  of  state  not  less  than  four  months  before  the  election 
at  which  they  are  to  be  voted  upon.  The  second  power  is  the  referendum, 
and  it  may  be  ordered  (except  as  to  laws  necessary  for  the  immediate 
preservation  of  the  public  peace,  health  or  safety),  either  by  the  petition 
signed  by  five  per  cent  of  the  legal  voters,  or  by  the  legislative  assembly, 
as  other  bills  are  enacted.  Referendum  petitions  shall  be  filed  with  the 
secretary  of  state  not  more  than  ninety  days  after  the  final  adjourn- 


8 


ment  of  the  session  of  the  legislative  assembly  which  passed  the  bill  on 
which  the  referendum  is  demanded.  The  veto  power  of  the  governor 
shall  not  extend  to  measures  referred  to  the  people.  All  elections  on 
measures  referred  to  the  people  shall  be  had  at  the  biennial  regular 
general  elections,  except  when  the  legislative  assembly  shall  order  a 
special  election.  Any  measure  referred  to  the  people  shall  take  effect 
and  become  the  law  when  it  is  approved  by  a majority  of  the  votes  cast 
thereon,  and  not  otherwise.  The  style  of  all  bills  shalf  be : “Be  it  enacted 
by  the  people  of  the  state  of  Oregon.”  This  section  shall  not  be  con- 
strued to  deprive  any  member  of  the  legislative  assembly  of  the  right  to 
introduce  any  measure.  The  whole  number  of  votes  cast  "for  justice  of  the 
supreme  court  at  the  regular  election  last  preceding  the  filing  of  any 
petition  for  the  initiative  or  for  the  referendum  shall  be  the  basis  on 
which  the  number  of  legal  voters  necessary  to  sign  such  petition  shall 
be  counted.  Petitions  and  orders  for  the  initiative  and  for  the  referen- 
dum shall  be  filed  with  the  secretary  of  state,  and  in  submitting  the 
same  to  the  people  he,  and  all  other  officers,  shall  be  guided  by  the  general 
laws  and  the  act  submitting  this  amendment,  until  legislation  shall  be 
especially  provided  therefor. — Ore.  (1857),  Art.  4. 

Sec.  la.  The  referendum  may  be  demanded  by  the  people  against  one 
or  more  items,  sections  or  parts  of  any  act  of  the  legislative  assembly,  in 
the  same  manner  in  which  such  power  nnay  be  exercised  against  a com- 
plete act.  The  filing  of  a referendum  petition  against  one  or  more  items, 
sections  or  parts  of  an  act  shall  not  delay  the  remainder  of  that  act  from 
becoming  operative.  The  initiative  and  referendum  powers  reserved  to 
the  people  by  this  constitution  are  hereby  further  reserved  to  all  local, 
special  and  municipal  legislation  of  every  character,  in  and  for  their 
respective  municipalities  and  districts.  The  manner  of  exercising  said 
powers  shall  be  prescribed  by  general  laws,  except  that  cities  and  towns 
may  provide  for  the  manner  of  exercising  the  initiative  and  referendum 
powers  as  to  their  municipal  legislation.  Not  more  than  ten  per  cent  of 
the  legal  voters  may  be  required  to  order  the  referendum  nor  more  than 
fifteen  per  cent  to  propose  any  measure,  by  the  initiative,  in  any  city  or 
town. — Ore.  (1857),  Art.  4. 

Sec.  17.  Each  house  shall  have  all  powers  necessary  for  a branch 
of  the  legislative  department  of  a free  and  independent  state. — Ore. 
(1857),  Art.  4,  Sec.  17. 

Sec.  1.  The  legislative  power  of  this  commonwealth  shall  be  vested 
in  a general  assembly,  which  shall  consist  of  a senate  and  a house  of 
representatives. — Pa.  (1873),  Art.  2. 

Sec.  2.  The  legislative  power,  under  this  constitution,  shall  be  vested 
in  two  houses,  the  one  to  be  called  the  senate,  the  other  the  house  of 
representatives;  and  both  together  the  general  assembly.  Tli  concur- 
rence of  the  two  houses  shall  be  necessary  to  the  enactment  of  laws. 
The  style  of  their  laws  shall  be,  It  is  enacted  by  the  general  assembly 
as  follows: — R.  I.  (1842),  Art  4. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  two 


9 


distinct  branches,  the  one  to  be  styled  the  “senate”  and  the  other  the 
“house  of  representatives,”  and  both  together  the  “general  assembly  of 
the  state  of  South  Carolina.” — 8.  C.  (1895),  Art.  3. 

Sec.  1.  The  legislative  power  shall  be  vested  in  a legislature  which 
shall  consist  of  a senate  and  house  of  representatives.  Except  that  the 
people  expressly  reserve  to  themselves  the  right  to  propose  measures, 
which  measures  the  legislature  shall  enact  and  submit  to  a vote  of  the 
electors  of  the  state,  and  also  the  right  to  require  that  any  laws  which 
the  legislature  may  have  enacted  shall  be  submitted  to  a vote  of  the 
electors  of  the  state  before  going  into  effect,  (except  such  laws  as  may 
be  necessary  for  the  immediate  preservation  of  the  public  peace,  health 
or  safety,  support  of  the  state  government  and  its  existing  public  in- 
stitutions.) 

Provided,  That  not  more  than  five  per  centum  of  the  qualified  electors 
of  the  state  shall  be  required  to  invoke  either  the  initiative  or  the  refer- 
endum. 

This  section  shall  not  be  construed  so  as  to  deprive  the  legislature  or 
any  member  thereof  of  the  right  to  propose  any  measure.  The  veto 
power  of  the  executive  shall  not  be  exercised  as  to  measures  referred  to 
a vote  of  the  people.  This  section  shall  apply  to  municipalities.  The 
enacting  clause  of  all  laws  approved  by  vote  of  the  electors  of  the  state 
shall  be:  “Be  it  enacted  by  the  people  of  South  Dakota.”  The  legis- 

lature shall  make  suitable  provisions  for  carrying  into  effect  the  pro- 
visions of  this  section. — 8.  D.  (1889),  Art.  3. 

Sec.  3.  The  legislative  authority  of  this  state  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a senate  and  house  of  repre- 
sentatives, both  dependent  on  the  people,  who  shall  hold  their  offices 
for  two  years  from  the  day  of  the  general  election. — Tenn.  (1870),  Art.  2. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested  in  a senate 
and  house  of  representatives,  which  together  shall  be  styled  “The  legis- 
lature of  the  state  of  Texas.” — Tex.  (1875),  Art.  3. 

Sec.  1.  The  legislative  power  of  this  state  shall  be  vested: 

1.  In  a senate  and-  house  of  representatives,  which  shall  be  designated 
the  legislature  of  the  state  of  Utah. 

2.  The  people  of  the  state  of  Utah,  as  hereinafter  stated: 

The  legal  voters,  or  such  fractionaUpart  thereof,  of  the  state  of  Utah, 
as  may  be  provided  by  law,  under  such  conditions,  and  in  such  manner 
and  within  such  time  as  may  be  provided  by  law,  may  initiate  any  desired 
legislation  and  cause  the  same  to  be  submitted  to  a vote  of  the  people  for 
approval  or  rejection,  or  may  require  any  law  passed  by  the  legislature, 
(except  those  passed  by  a two-thirds  vote  of  the  members  elected  to  each 
house  of  the  legislature)  to  be  submitted  to  the  voters  of  the  state  before 
such  law  shall  take  effect. 

The  legal  voters  or  such  fractional  part  thereof  as  may  be  provided  by 
law,  of  any  legal  subdivision  of  the  state,  under  such  conditions  and  in 
such  manner  and  within  such  time  as  may  be  provided  by  law,  may  in- 
itiate any  desired  legislation  and  cause  the  same  to  be  submitted  to  a 
rote  of  the  people  of  said  legal  subdivision  for  approval  or  rejection,  or 
2 — Legislative  Dept. 


10 


may  require  any  law  or  ordinance  passed  by  the  law-making  body  of 
said  legal  subdivision  to  be  submitted  to  the  voters  thereof  before  such 
law  or  ordinance  shall  take  effect. — Utah  (1896),  Art.  6. 

Sec.  2.  The  supreme  legislative  power  shall  be  vested  in  a house  of 
representatives  of  the  freemen  of  the  commonwealth,  or  state  of  Ver- 
mont.—Ft.  (1793),  Chap.  2. 

Art.  3.  The  supreme  legislative  power  of  this  state  shall  hereafter  be 
exercised  by  a senate  and  the  house  of  representatives;  which  shall  be 
styled  “The  general  assembly  of  the  state  of  Vermont.”  Each  shall  have 
and  exercise  the  like  powers  in  all  acts  of  legislation;  and  no  bill,  reso- 
lution, or  other  thing,  which  shall  have  been  passed  by  the  one,  shall 
have  the  effect  of,  or  be  declared  to  be,  a law,  without  the  concurrence 
of  the  other:  Provided,  That  all  revenue  bills  shall  originate  in  the 

house  of  representatives,  but  the  senate  may  propose  or  concur  with 
amendments,  as  on  other  bills.  Neither  house  during  the  session  of  the 
general  assembly,  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that,  in  which  the 
two  houses  shall  be  sitting,  and  in  case  of  disagreement  between  the 
two  houses,  with  respect  to  adjournment,  the  governor  may  adjourn 
them  to  such  time  as  he  shall  think  proper. — Vt.  (1793),  Arndt.  Art.  3. 

Sec.  9.  The  representatives  so  chosen  (a  majority  of  whom  shall  con- 
stitute a quorum  for  transacting  any  other  business  than  raising  a state 
tax,  for  which  two-tliirds  of  the  members  elected  shall  be  present)  shall 
meet  on  the  second  Thursday  of  the  succeeding  October,  and  shall  be 
styled  “The  general  assembly  of  the  state  of  Vermont;”  they  shall  have 
power  to  choose  their  speaker,  secretary  of  state,  their  clerk,  and  their 
necessary  officers  of  the  house,  sit  on  their  own  adjournments,  prepare 
bills  and  enact  them  into  laws,  judge  of  the  elections  and  qualifications 
of  their  own  members;  they  may  expel  members,  but  not  for  causes 
known  to  their  constituents  antecedent  to  their  election ; they  may  ad- 
minister oaths  and  affirmations  in  matters  depending  before  them,  re- 
dress grievances,  impeach  state  criminals,  grant  charters  of  incorpora- 
tion, constitute  towns,  boroughs,  cities  and  counties;  they  may  annually 
on  their  first  session  after  their  election,  in  conjunction  with  the  council 
(or  oftener  if  need  be)  elect  judges  of  the  supreme  and  several  county  and 
probate  courts,  sheriffs  and  justices  of  the  peace;  and  also,  with  the 
council,  may  elect  major-generals  and  brigadier-generals,  from  time  to 
time,  as  often  as  there 'shall  be  occasion;  and  they  shall  have  all  other 
powers  necessary  for  the  legislature  of  a free  and  sovereign  state ; but 
they  shall  have  no  power  to  add  to,  alter,  abolish,  or  infringe  any  part 
of  this  constitution. — Vt.  (1793),  Chap.  2. 

Sec.  40.  The  legislative  power  of  the  state  shall  be  vested  in  a gen- 
eral assembly,  which  shall  consist  of  a sepate  and  house  of  delegates. — 
Va.  (1902)  , Art.  4. 

Sec.  1.  The  legislative  powers  shall  be  vested  in  a senate  and  house  of 
representatives,  which  shall  be  called  the  legislature  of  the  state  of 
Washington. — Wash.  (1889),  Art.  2. 


11 


Sec.  1.  The  legislative  power  shall  be  vested  in  a senate  and  house 
of  delegates.  The  style  of  their  acts  shall  be,  “Be  it  enacted  by  the  legis- 
lature of  West  Virginia.” — W.  Va.  (1872),  Art.  6. 

Sec.  i.  The  legislative  power  shall  be  vested  in  a senate  and  assem- 
bly.—Wis.  (1848),  Art.  4. 

Sec.  1.  The  legislative  power  shall  be  vested  in  a senate  and  house 
of  representatives,  which  shall  be  designated  “The  legislature  of  the 
state  of  Wyoming.” — Wyo.  (1889),  Art.  3. 


POWER  OF  INVESTIGATION. 

Sec.  10.  Either  house  shall  have  power  to  compel  the  attendance  of 
witnesses  upon  any  investigations  held  by  itself,  or  by  any  of  its  commit- 
tees ; the  manner  of  the  exercise  of  such  power  shall  be  provided  by  law. 
— Fla.  (1885),  Art.  3. 

Sec.  24.  The  house  of  delegates  may  inquire,  on  the  oath  of  witnesses, 
into  all  complaints,  grievances  and  offenses,  as  the  grand  inquest  of  the 
state,  and  may  commit  any  person  for  any  crime  to  the  public  jail, 
there  to  remain  until  discharged  by  due  course  of  law.  They  may  ex- 
amine and  pass  all  accounts  of  the  state,  relating  either  to  the  collection 
or  expenditure  of  the  revenue,  and  appoint  auditors  to  state  and  adjust 
the  same.  They  may  call  for  all  public  or  official  papers  and  records, 
and  send  for  persons  whom  they  may  judge  necessary,  in  the  course 
of  their  inquiries,  concerning  affairs  relating  to  the  public  interest,  and 
may  direct  all  office  bonds  which  shall  be  made  payable  to  the  state  to  be 
sued  for  any  breach  thereof;  and  with  the  view  to  the  more  certain  pre- 
vention or  correction  of  the  abuses  in  the  expenditures  of  the  money  of 
the  state,  the  general  assembly  shall  create,  at  every  session  thereof,  a 
joint  standing  committee  of  the  senate  and  house  of  delegates,  wiio  shall 
have  powder  to  send  for  persons  and  examine  them  on  oath  and  call  for 
public  and  official  papers  and  records ; and  w’hose  duty  it  shall  be  to  ex- 
amine and  report  upon  all  contracts  made  for  printing,  stationery,  and 
purchases  of  the  public  offices  and  the  library,  and  all  expenditures 
therein;  and  upon  all  matters  of  alleged  abuse  in  expenditures,  to  which 
their  attention  may  be  called  by  resolution  of  either  house  of  the  general 
assembly. — Md.  (1867),  Art.  3. 


POWrER  OF  SUSPENDING  LAW’S. 

Sec.  21.  That  no  pow’er  of  suspending  law^s  shall  be  exercised  except 
by  the  legislature. — Ala.  (1901),  Art.  1. 

Sec.  12.  No  powder  of  suspending  or  setting  aside  the  lawT  or  lawrs  of 
the  state  shall  ever  be  exercised  except  by  the  general  assemblv. — Ark. 
(1874),  Art.  2. 

Sec.  10.  No  pow’er  of  suspending  law’s  shall  be  exercised  but  by  au- 
thority of  the  general  assembly. — Del.  (1897),  Art.  1. 


12 


Sec.  26.  The  operation  of  the  laws  shall  never  be  suspended,  except 
by  the  authority  of  the  general  assembly. — Ind.  (1851),  Art.  1. 

Sec.  15.  No  power  to  suspend  laws  shall  be  exercised,  unless  by  the 
general  assembly  or  its  authority. — Ky.  (1891),  Bill  of  Rights. 

Art.  168.  No  power  of  suspending  the  laws  of  this  state  shall  be  ex- 
ercised unless  bv  the  general  assembly,  or  bv  its  authority. — La.  (1898), 
Art.  168. 


Sec.  13.  The  laws  shall  not  be  suspended  but  by  the  legislature  or  its 
authority. — Me.  (1819),  Art.  1. 

Art.  9.  That  no  power  of  suspending  laws  or  the  execution  of  laws, 
unless  by,  or  derived  from  the  legislature,  ought  to  be  exercised,  or  al- 
lowed.— Md.  (1867),  Dec.  of  Rights. 

Art.  20.  The  power  of  suspending  the  laws,  or  the  execution  of  the 
laws,  ought  never  to  be  exercised  but  by  the  legislature,  or  by  authority 
derived  from  it,  to  be  exercised  in  such  particular  cases  only  as  the 
legislature  shall  expressly  provide  for. — Mass.  (1780),  Part  1. 

Art.  29.  The  power  of  suspending  the  laws  or  the  execution  of  them 
ought  never  to  be  exercised  but  by  the  legislature,  or  by  authority  de- 
rived therefrom,  to  be  exercised  in  such  particular  cases  only  as  the 
legislature  shall  expressly  provide  for. — X.  H.,  Part  1. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of  lgws,  by 
any  authority,  without  the  consent  of  the  representatives  of  the  people, 
is  injurious  to  their  rights,  and  ought  not  to  be  exercised. — X.  C.  (1875), 
Art.  1,  Sec.  9. 

Sec.  18.  No  power  of  suspending  laws  shall  ever  be  exercised,  ex- 
cept by  the  general  assembly. — Ohio  (1851),  Art.  1. 

Sec.  22.  The  operation  of  the  laws  shall  never  be  suspended  except  by 
the  authority  of  the  legislative  assembly. — Ore.  (1857),  Art.  1. 

Sec.  12.  No  power  of  suspending  laws  shall  be  exercised  unless  by 
the  legislature,  or  by  its  authority. — Pa.  (1873),  Art.  1. 

Sec.  13.  The  power  of  suspending  the  laws  or  the  execution  of  the 
laws  shall  only  be  exercised  by  the  general  assembly  or  by  its  authority 
in  particular  cases  expressly  provided  for  by  it. — S.  C.  (1895)  , Art.  1. 

Sec.  21.  No  power  of  suspending  laws  shall  be  exercised  unless  by 
the  legislature  or  its  authority. — S.  D.  (1889),  Art.  6. 

Sec.  28.  No  power  of  suspending  laws  in  this  state  shall  be  exercised 
except  by  the  legislature. — Tex.  (1875),  Art.  1. 

Art.  15.  The  power  of  suspending  laws,  or  the  executions  of  laws, 


13 


ought  never  to  be  exercised  but  by  the  legislature,  or  by  authority  derived 
from  it,  to  be  exercised  in  such  particular  cases,  as  this  constitution  or 
the  legislature  shall  provide  for. — Vt.  (1793),  Chap.  1. 

Sec.  7.  That  all  power  of  suspending  laws,  or  the  execution  of  laws, 
by  any  authority,  without  consent  of  the  representatives  of  the  people, 
is  injurious  to  their  rights,  and  ought  not  to  be  exercised. — Va.  (1902), 
Art.  1. 


SENATE  AND  SENATORIAL  DISTRICTS. 


(6)  Sec.  2.  The  senate  shall  consist  of  thirty-two  members.  Sena- 
tors shall  he  elected  for  tioo  years  and  hy  single  districts.  Such  dis- 
tricts shall  he  numbered  from  one  to  thirty-two  inclusive , each  of  which 
shall  choose  one  senator.  No  county  shall  he  divided  in  the  formation 
of  senate  districts , except  such  county  shall  he  equitably  entitled  to  two 
or  more  senators. — Mich.  (1850),  Art.  4. 

Sec.  50.  The  legislature  shall  consist  of  not  more  than  thirty-five 
senators,  and  not  more  than  one  hundred  and  five  members  of  the 
house  of  representatives,  to  be  apportioned  among  the  several  districts 
and  counties  as  prescribed  in  this  constitution : Provided , That  in  ad- 

dition to  the  above  number  of  representatives  each  new  county  here- 
after created  shall  be  entitled  to  one  representative. — Ala.  (1901),  Art.  4. 

Sec.  107.  The  whole  number  of  senators  shall  not  be  less  than  one- 
fourth,  or  more  than  one-third  of  the  whole  number  of  representatives. — 
Ala.  (1901),  Art.  9. 

Sec.  2.  The  senate  shall  never  consist  of  less  than  thirty  nor  more 
than  thirty-five  member. — Ark.  (1879),  Art.  5. 

Sec.  3.  The  senate  shall  consist  of  members  to  be  chosen  every  four 
years  by  the  qualified  electors  of  the  several  districts.  At  the  first 
session  of  the  senate  the  senators  shall  divide  themselves  into  two  classes 
by  lot,  and  the  first  class  shall  hold  their  places  for  two  years  only,  after 
which  all  shall  be  elected  for  four  years. — Ark.  (1874),  Art.  5. 

Sec.  3.  Senatorial  districts  shall  at  all  times  consist  of  contiguous 
territory,  and  no  county  shall  be  divided  in  the  formation  of  a sena- 
torial district. — Ark.  (1874),  Art.  8. 

Sec:  5.  The  senate  shall  consist  of  forty  members,  and  the  assembly 
of  eighty  members,  to  be  elected  by  districts,  numbered  as  hereinafter 
provided.  The  seats  of  the  twenty  Senators  elected  in  the  year  eighteen 
hundred  and  eighty-two  from  the  odd-numbered  districts  shall  be  va- 
cated at  the  expiration  of  the  second  year,  so  that  one  half  of  the  sen: 
ators  shall  be  elected  every  two  years : Provided,  That  all  the  senators 
elected  at  the  first  election  under  this  constitution  shall  hold  office  for 
the  term  of  three  years.— Cal.  (1880),  Art.  4. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years  except 


14 


as  hereinafter  provided,  and  represenatives  for  the  term  of  two  years. — 
Colo.  (1876)  , Art.  5. 

Sec.  5.  The  senators  at  their  first  session,  shall  be  divided  into  two 
classes.  Those  elected  in  districts  designated  by  even  numbers  shall 
constitute  one  class:  those  elected  in  districts  designated  by  odd  num- 
bers shall  constitute  the  other  class,  except  that  senators  elected  in  each 
of  the  districts  having  more  than  one  senator  shall  be  equally  divided 
between  the  two  classes.  The  senators  of  one  class  shall  hold  for  two 
years;  those  of  the  other  class  shall  hold  for  four  years — to  be  decided  by 
lot  between  the  two  classes,  so  that  one-half  of  the  senators,  as  near  as 
practicable,  may  be  biennially  chosen  forever  thereafter. — Colo.  (1876), 
Art.  5. 


Sec.  46.  The  senate  shall  consist  of  twenty-six,  and  the  house  of 
representatives  of  forty-nine  members,  which  number  shall  not  be  in- 
creased until  the  year  of  our  Lord  one  thousand  eight  hundred  and 
ninety,  after  which  time  the  general  assembly  may  increase  the  number 
of  senators  and  representatives,  preserving  as  near  as  may  be  the  present 
proportion  as  to  the  number  in  each  house : Provided.  That  the  aggre- 
gate number  of  senators  and  representatives  shall  never  exceed  one  hun- 
dred.— Colo.  (1876),  Art.  5. 

Sec.  1.  From  and  after  the  Wednesday  after  the  first  Monday  of  Jan- 
uary, 1905,  the  senate  shall  be  composed  of  not  less  than  twenty-four 
and  not  more  than  thirty-six  members,  who  shall  be  elected  at  the  elec- 
tors' meetings  held  biennially  on  the  Tuesday  after  the  first  Monday  in 
November. — Conn.  (1818),  Arndt.  Art.  31. 

Sec.  2.  The  house  of  representatives  shall  be  composed  of  thirty -five 
members,  who  shall  be  chosen  for  two  years.  The  senate  shall  be  com- 
posed of  seventeen  members,  who  shall  he  chosen  for  four  years. — Del. 
(1897),  Art.  2,  Sec.  2. 

Sec.  2.  The  legislature  shall  consist  of  not  more  than  thirty-two 
members  of  the  senate,  and  of  not  more  than  sixty-eight  members  of 
the  hones  of  representatives.  The  members  of  the  house  of  representa- 
tives shall  be  elected  for  terms  of  two  years,  and  the  members  of  the 
senate  shall  be  elected  for  terms  of  four  years,  except  as  hereinafter 
provided.  The  elections  for  members  of  the  house  of  representatives 
and  senate  shall  be  at  the  same  time  and  places.  The  terms  of  office  of 
the  senators  elected  in  October  A.  D.  1896,  shall  expire  on  the  first  Tues- 
day after  the  first  Monday  in  November  A.  D.  1900,  and  the  terms  of 
those  elected  in  November  A.  1).  1898,  shall  expire  on  the  first  Tuesday 
after  the  first  Monday  in  November  A.  1).  1902,  and  thereafter  all  sena- 
tors shall  be  elected  for  four  years. — Fla.  (1885),  Art  7 (Arndt.  1896). 

Sec.  4.  When  any  senatorial  district  is  composed  of  two  or  more 
counties,  the  counties  of  which  such  district  consists  shall  not  be  en- 
tirely separated  by  any  county  belonging  to  another  district.  Any  new 
county  that  may  be  created  shall  be  entitled  to  one  member  in  the  house 
•of  representatives  until  the  next  apportionment  thereafter;  and  shall 


15 


be  assigned  when  created  to  one  of  the  adjoining  senatorial  districts  as 
shall  be  determined  by  the  legislature. — Fla.  (1885),  Art.  7. 

Sec.  2.  Par.  1.  The  senate  shall  consist  of  forty-four  members. — 
Ga.  (1877),  Art.  3. 

Sec.  4.  Par.  1.  The  members  of  the  general  assembly  shall  be 
elected  for  two  years,  and  shall  serve  until  their  successors  are  elected. — 
Ga.  (1877),  Art.  3. 

Sec.  2.  The  senate  shall  consist  of  eighteen  members  and  the  house 
of  representatives  of  thirty-six  members.  The  legislature  may  increase 
the  number  of  senators  and  representatives:  Provided , The  number  of 

senators  shall  never  exceed  twenty-four,  and  the  house  of  representatives 
shall  never  exceed  sixty  members.  The  senators  and  representatives  shall 
be  chosen  by  the  electors  of  the  respective  counties  or  districts  into 
which  the  state  may  from  time  to  time  be  divided  by  law. — Idaho  (1889), 
Art.  3. 

Sec.  5.  A senatorial  or  representative  district,  when  more  than  one 
county  shall  constitute  the  same,  shall  be  composed  of  contiguous  coun- 
ties and  no  county  shall  be  divided  in  creating  such  districts. — Idaho 
(1889),  Art.  3. 

Sec.  2.  The  senate  shall  not  exceed  fifty,  nor  the  house  of  representa- 
tives one  hundred  members;  and  they  shall  be  chosen  by  the  electors 
of  the  respective  counties  or  districts  into  which  the  state  may,  from 
time  to  time,  be  divided. — Ind.  (1851),  Art.  4. 

Sec.  6.  A senatorial  or  representative  district,  where  more  than  one 
county  shall  constitute  a district,  shall  be  composed  of  contiguous 
counties;  and  no  county,  for  senatorial  apportionment,  shall  ever  be 
divided. — Ind.  (1851),  Art.  4. 

Sec.  5.  Senators  shall  be  chosen  for  the  term  of  four  years  at  the 
same  time  and  place  as  representatives;  they  shall  be  twenty -five  years 
of  age,  and  possess  the  qualifications  of  representatives  as  to  residence 
and  citizenship. — Iowa  (1857),  Art.  3. 

Sec.  6.  The  number  of  senators  shall  not  be  less  than  one-third  nor 
more  than  one-half  the  representative  body;  and  shall  be  so  classified 
by  lot  that  one  class,  being  as  nearly  one-half  as  possible,  shall  be 
elected  every  two  years.  When  the  number  of  senators  is  increased,  they 
shall  be  annexed  by  lot  to  one  or  the  other  of  the  two  classes,  so  as 
to  keep  them  as  nearly  equal  in  numbers  as  practicable. — Iowa  (1857), 
Art.  3. 

Sec.  34.  The  senate  shall  be  composed  of  fifty  members  to  be  elected 
from  the  several  senatorial  districts,  established  by  law  and  at  the  next 
session  of  the  general  assembly  held  following  the  taking  of  the  state 
and  national  census,  they  shall  be  apportioned  among  the  several  coun- 


1G 


ties  or  districts  of  the  state,  according  to  population  as  shown  by  the 
last  preceding  census. — Ioiva  (1857),  Art.  3 (Amdt.). 

Sec.  37.  When  a congressional,  senatorial,  or  representative  district 
shall  be  composed  of  two  or  more  counties,  it  shall  not  be  entirely 
separated  by  any  county  belonging  to  another  district;  and  no  county 
shall  be  divided  in  forming  a congregational,  senatorial,  or  representa- 
tive district. — Ioica  (1857),  Art.  3. 

Sec.  2.  The  number  of  representatives  and  senators  shall  be  regulated 
by  law,  but  shall  never  exceed  one  hundred  and  twenty-five  representa- 
tives and  forty  senators.  From  and  after  the  adoption  of  this  amend- 
ment tire  house  of  representatives  shall  admit  one  member  for  each 
county  in  which  at  least  two  hundred  and  fifty  legal  votes  were  cast 
at  the  next  preceding  general  election;  and  each  organized  county  in 
which  less  than  two  hundred  legal  voters  were  cast  at  the  next  preceding 
general  election  shall  be  attached  to  and  constitute  a part  of  the  repre- 
sentative district  of  the  county  lying  next  adjacent  to  it  on  he  east. — 
Kan.  (1857),  Art.  2 (Amdt.  1873). 

Art.  19.  The  general  assembly,  in  every  year  in  which  it  shall  ap- 
portion representation  in  the  house  of  representatives,  shall  divide  the 
state  into  senatorial  districts.  No  parish  shall  be  divided  in  the  forma- 
tion of  a senatorial  district,  the  parish  of  Orleans  excepted.  Whenever 
a new  parish  is  created,  it  shall  be  attached  to  the  senatorial  district 
from  which  most  of  its  territory  is  taken,  or  to  another  contiguous 
district,  at  the  discretion  of  the  general  assembly,  but  shall  not  be 
attached  to  more  than  one  district.  The  number  of  senators  shall  not 
be  more  than  forty-one  nor  less  than  thirty-six,  and  they  shall  be  ap- 
portioned among  the  senatorial  districts  according  to  the  total  popula- 
tion contained  in  the  several  districts. — La.  (1898)  , Art.  19. 

Sec.  1.  The  senate  shall  consist  of  not  less  than  twenty,  nor  more 
than  thirty-one  members,  elected  at  the  same  time,  and  for  the  same 
term,  as  the  representatives,  by  the  qualified  electors  of  the  districts 
into  which  the  state  shall  from  time  to  time  be  divided. — Me.  (1819), 
Art.  4,  part  2. 

Sec.  8.  Immediately  after  the  senate  shall  have  convened,  after  the 
first  election,  under  this  constitution,  the  senators  shall  be  divided  by 
lot  into  two  classes,  as  nearly  equal  in  number  as  may  be.  Senators  of 
the  first  class  shall  go  out  of  office  at  the  expiration  of  two  years, 
and  senators  shall  be  elected  on  the  Tuesday  next  after  the  first  Monday 
in  the  month  of  November,  eighteen  hundred  and  sixty-nine,  for  the 
term  of  four  years,  to  supply  their  places;  to  that,  after  the  first  elec- 
tion, one-half  of  the  senators  may  be  chosen  every  second  year.  In 
case  the  number  of  senators  be  hereafter  increased,  such  classification 
of  the  additional  senators  shall  be  made  as  to  preserve,  as  nearly  as  may 
be,  an  equal  number  in  each  class. — Md.  (18G7),  Art.  8. 

Art.  22.  A census  of  the  legal  voters  of  each  city  and  town,  on  the  first 
day  of  May,  shall  be  taken  and  returned  into  the  office  of  the  secretary 


IT 


of  the  common  wealth,  on  or  before  the  last  day  of  June,  in  the  year 
one  thousand  eight  hundred  and  fifty-seven ; and  a census  of  the  inhabi- 
tants of  each  city  and  town,  in  the  year  one  thousand  eight  hundred 
and  sixty-five,  and  of  every  tenth  year  thereafter.  In  the  census  afore- 
said, a special  enumeration  shall  be  made  of  the  legal  voters,  and  in 
each  city  said  enumeration  shall  specify  the  number  of  such  legal  voters 
aforesaid,  residing  in  each  ward  of  such  city.  The  enumeration  afore- 
said shall  determine  the  apportionment  of  senators  for  the  periods  be- 
tween the  taking  of  the  census.  The  senate  shall  consist  of  forty  mem- 
bers. The  general  court  shall,  at  its  first  session  after  each  next  pre- 
ceding special  enumeration,  divide  the  commonwealth  into  forty  dis- 
tricts of  adjacent  territory,  each  district  to  contain,  as  nearly  as  may 
be,  an  equal  number  of  legal  voters,  according  to  the  enumeration  afore- 
said : Provided , however , That  no  town  or  ward  of  a city  shall  be 

divided  therefor;  and  such  districts  shall  be  formed,  as  nearly  as  may 
be,  without  uniting  two  counties,  or  parts  of  two  or  more  counties, 
into  one  district.  Each  district  shall  elect  one  senator,  who  shall  have 
been  an  inhabitant  of  this  commonwealth  five  years  at  least  immediately 
preceding  his  election,  and  at  the  time  of  his  election  shall  be  an  inhabi- 
tant of  the  district  for  which  he  is  chosen ; and  he  shall  cease  to  repre- 
sent such  senatorial  district  when  he  shall  cease  to  be  an  inhabitant 
of  the  commonwealth.  [Not  less  than  sixteen  senators  shall  constitute 
a quorum  for  doing  business;  but  a less  number  may  organize  tem- 
porarily, adjourn  from  day  to  day,  and  compel  the  attendance  of  ab- 
sent members.]—  Mass.  (1780),  Arndt.  Art.  22. 

Sec.  2.  The  number  of  members  who  compose  the  senate  and  house 
of  representatives  shall  be  prescribed  by  law,  but  the  representatives 
in  the  senate  shall  never  exceed  one  member  for  every  5,000  inhabitants, 
and  in  the  house  of  representatives  one  member  for  every  2,000  inhabi- 
tants. The  representation  in  both  houses  shall  be  apportioned  equally 
throughout  the  different  sections  of  the  state,  in  proportion  to  the  popula- 
tion thereof,  exclusive  of  Indians  not  taxable  under  the  provisions  of 
law. — Minn.  (1857)  , Art.  4. 

Sec.  24.  The  senators  shall  also  be  chosen  by  single  districts  of  con- 
venient contiguous  territory,  at  the  same  time  that  members  of  the 
house  of  representatives  are  required  to  be  chosen,  and  in  the  same 
manner;  and  no  representative  district  shall  be  divided  in  the  forma- 
tion of  a senate  district.  The  senate  district  shall  be  numbered  in 
a regular  series.  The  terms  of  office  of  senators  and  representatives 
shall  be  the  same  as  now  prescribed  by  law  until  the  general  election 
of  the  year  one  thousand  eight  hundred  and  seventy-eight  (1878),  at 
which  time  there  shall  be  an  entire  new  election  of  all  the  senators 
and  representatives.  Representatives  chosen  ,at  such  election,  or  at 
any  election  thereafter,  shall  hold  their  office  for  the  term  of  two  years, 
except  it  be  to  fill  a vacancy;  and  the  senators  chosen  at  such  election 
by  districts  designated  as  odd  numbers  shall  go  out  of  office  at  the 
expiration  of  the  second  year,  and  senators  chosen  by  districts  desig- 
nated by  even  numbers  shall  go  out  of  office  at  the  expiration  of  the 
fourth  year ; and  thereafter  senators  shall  be  chosen  for  four  years,  except 
there  shall  be  an  entire  new  election  of  all  the  senators  at  the  election  of 
3 — Legislative  Dept. 


18 


representatives  next  succeeding  each  new  apportionment  provided  for 
in  this  article. — Minn.  (1857),  Art.  4. 

Sec.  35.  The  senate  shall  consist  of  members  chosen  every  four  years 
by  the  qualified  electors  of  the  several  districts. — Miss.  (1890),  Art.  4. 

Sec.  5.  The  senate  shall  consist  of  thirty-four  members,  to  be  chosen 
by  the  qualified  voters  of  their  respective  districts  for  four  years.  For 
the  election  of  senators  the  state  shall  be  divided  into  convenient  dis- 
tricts, as  nearly  equal  in  population  as  may  be,  the  same  to  be  ascer- 
tained by  the  last  decennial  census  taken  bv  the  United  States. — Mo. 
(1875),  Art.  4. 

Sec.  9.  Senatorial  and  representative  districts  may  be  altered,  from 
time  to  time,  as  public  convenience  may  require.  When  any  senatorial 
district  shall  be  composed  of  two  or  more  counties,  they  shall  be  con- 
tiguous; such  district  to  be  as  compact  as  may  be,  and  in  the  forma- 
tion of  the  same  no  county  shall  be  divided. — Mo.  (1875),  Art.  4. 

Sec.  4.  The  legislative  assembly  of  this  state,  until  otherwise  pro- 
vided by  law,  shall  consist  of  sixteen  members  of  the  senate,  and  fifty- 
five  members  of  the  house  of  representatives. 

It  shall  be  the  duty  of  the  first  legislative  assembly  to  divide  the 
state  into  senatorial  and  representative  districts,  but  there  shall  be  no 
more  than  one  senator  from  each  county.  The  senators  shall  be  divided 
into  two  classes.  Those  elected  from  odd  numbered  districts  shall  con- 
stitute one  class,  and  those  elected  from  even  numbered  districts  shall 
constitute  the  other  class;  and  when  any  additional  senator  shall  be 
provided  for  by  law  his  class  shall  be  determined  by  lot. 

One-half  of  the  senators  elected  to  the  first  legislative  assembly  shall 
hold  office  for  one  year,  and  the  other  half  for  three  years;  and  it  shall 
be  determined  by  lot  immediately  after  the  organization  of  the  senate, 
whether  the  senators  from  the  odd  or  even  numbered  districts  shall  hold 
for  one  or  three  years. — Mont.  (1889),  Art.  5. 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four  years,  and 
representatives  for  the  term  of  two  years,  except  as  otherwise  provided 
in  this  constitution. — Mont.  (1889),  Art.  5. 

Sec.  4.  Whenever  new  counties  are  created,  each  of  said  counties 
shall  be  entitled  to  one  senator,  but  in  no  case  shall  a senatorial  district 
consist  of  more  than  one  county. — Mont.  (1889),  Art.  G,  See.  4. 

Sec.  4.  Senators  shall  be  chosen  at  the  same  time  and  places  as  mem- 
bers of  the  assembly,  by  the  qualified  electors  of  their  respective  dis- 
tricts, and  their  term  of  office  shall  be  four  years  from  the  day  next 
after  their  election. — Nev.  (18G4),  Art.  4. 

Art.  24.  The  senate  shall  consist  of  twenty-four  members,  who  shall 
hold  their  office  for  two  years  from  the  first  Wednesday  of  January 
next  ensuing  their  election. — X,  //.  Part  2,  Art.  24. 


19 


1.  The  senate  shall  be  composed  of  one  senator  from  each  county  in  the 
state,  elected  by  the  legal  voters  of  the  counties,  respectively,  for  three 
years. — N.  J.  (i844),  Art.  4,  Sec.  2,  cl.  1. 

2.  As  soon  as  the  senate  shall  meet  after  the  first  election  to  be  held 
in  pursuance  of  this  constitution,  they  shall  be  divided  as  equally  as 
may  be  into  three  classes.  The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  year;  of  the  second  class 
at  the  expiration  of  the  second  year;  and  of  the  third  class  at  the 
expiration  of  the  third  year,  so  that  one  class  may  be  elected  every 
year;  and  if  the  vacancies  happen,  by  resignation  or  otherwise,  the  per- 
sons elected  to  supply  such  vacancies  shall  be  elected  for  the  unexpired 
terms  only. — N.  J.  (1844),  Art.  4,  Sec.  2,  cl.  2. 

Sec.  2.  The  senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided.  The  senators  elected  in  the  year  one  thousand  eight 
hundred  and  ninety -five  shall  hold  their  offices  for  three  years,  and  their 
successors  shall  be  chosen  for  two  years.  The  assembly  shall  consist  of 
one  hundred  and  fifty  members  who  shall  be  chosen  for  one  year. — N. 
Y.  (1894),  Art.  3. 

Sec.  3.  The  senate  shall  be  composed  of  fifty  senators,  biennially 
chosen  by  ballot. — N.  C.  (1875),  Art.  2. 

Sec.  26.  The  senate  shall  be  composed  of  not  less  than  thirty  nor 
more  than  fifty  members. — N.  Dale.  (1889),  Art.  2. 

Sec.  27.  Senators  shall  be  elected  for  the  term  of  four  years,  except 
as  hereinafter  provided. — N.  Dak.  (1889),  ArP.  2. 

Sec.  6.  The  ratio  for  a senator  shall  forever,  hereafter,  be  ascer- 
tained, by  dividing  the  whole  population  of  the  sate  by  the  number 
thirty-five. — Ohio  (1851),  Art.  11. 

Sec.  8.  The  same  rules  shall  be  applied,  in  apportioning  the  fractions 
of  senatorial  districts,  and  in  annexing  districts,  which  may  hereafter 
have  less  than  three-fourths  of  a senatorial  ratio,  as  are  applied  to  rep- 
resentative districts. — Ohio  (1851),  Art.  11. 

Sec.  9.  Any  county  forming  part  of  a senatorial  district,  having  ac- 
quired a population  equal  to  a full  senatorial  ratio,  shall  be  made  a 
separate  senatorial  district,  at  any  regular  decennial  apportionment, 
if  a full  senatorial  ratio  shall  be  left  in  the  district  from  which  it  shall 
be  taken.— Ohio  (1857),  Art.  11. 

Sec.  9.  The  senate,  except  as  hereinafter  provided,  shall  consist  of 
not  more  than  forty-four  members,  whose  term  of  office  shall  be 
four  years : Provided , That  one  senator  elected  at  the  first  election  from 
each  even  numbered  district  shall  hold  office  until  the  fifteenth  day 
succeeding  the  regular  state  election  in  Nineteen  hundred  and  eight,  and 
one  elected  from  each  odd  numbered  district  at  said  first  election  shall 
hold  office  until  the  fifteenth  day  succeeding  the  day  of  the  regular 


20 


state  election  in  nineteen  hundred  and  ten : And  provided  further , That 
in  districts  electing  two  senators,  the  two  elected  at  the  first  election 
shall  cast  lots  in  such  manner  as  the  legislature  may  prescribe  to  de- 
termine which  shall  hold  the  long  and  which  the  short  term. — Okla. 
(1907),  Art.  5. 

Sec.  9.  (a)  At  the  time  each  senatorial  appointment  is  made  after 

the  year  nineteen  hundred  and  ten  the  state  shall  be  divided  into  forty- 
four  districts,  to  be  called  senatorial  districts,  each  of  which  shall 
elect  one  senator;  and  the  senate  shall  always  be  composed  of  forty- 
four  senators,  except  that  in  event  any  county  shall  be  entitled  to 
three  or  more  senators  at  the  time  of  any  appointment  such  additional 
senator  or  senators  shall  be  given  such  county  in  addition  to  the  forty- 
four  senators  and  the  whole  number  to  that  extent.  Said  districts 
shall  be  numbered  from  one  to  forty-four  inclusive,  and  each  of  said 
districts  shall  contain  as  near  as  may  be  an  equal  number  of  inhabi- 
tants, such  population  to  be  ascertained  by  the  next  preceding  federal 
census,  or  in  such  manner  as  the  legislature  may  direct,  and  shall  be 
in  as  compact  form  as  practicable  and  shall  remain  unaltered  until  the 
next  decennial  period,  and  shall  at  all  times  consist  of  contiguous  terri- 
tory.— Okla.  (1907),  Art.  5. 

Sec.  9.  No  county  shall  ever  be  divided  in  the  formation  of  a sena- 
torial district  except  to  make  two  br  more  senatorial  districts  wholly 
in  such  county.  No  town,  and  no  ward  is  a city,  when  constituting 
only  one  voting  precinct,  shall  be  divided  in  the  formation  of  a senatorial 
district,  nor  shall  any  senatorial  district  contain  a greater  excess  in 
population  over  an  adjoining  district  in  the  same  county  than  the 
population  of  a town,  or  ward  in  a city,  constituting  only  one  voting 
precinct  ^herein,  adjoining  such  district.  Towns,  and  wards  in  cities, 
constituting  only  one  voting  precinct,  which  may,  from  their  location, 
be  included  in  either  of  two  senatorial  districts,  shall  be  so  placed  as  to 
make  such  districts  most  nearly  equal  in  number  of  inhabitants. — 
Okla.  (1907),  Art.  5. 

Sec.  2.  The  senate  shall  consist  of  sixteen,  and  the  house  of  repre- 
sentatives of  thirty-four  members,  which  number  shall  not  be  increased 
until  the  year  eighteen  hundred  and  sixty,  after  which  time  the  legis- 
lative assembly  may  increase  the  number  of  senators  and  representa- 
tives; always  keeping,  as  near  as  may  be,  the  same  ratio  as  to  the  num- 
ber of  senators  and  representatives:  Provided,  That  the  senate  shall 

never  exceed  thirty,  and  the  house  of  representatives  sixty  members. — 
Ore.  (1857),  Art.  4. 

Sec.  4.  The  senators  shall  be  elected  for  the  term  of  four  years,  and 
representatives  for  the  term  of  two  years  from  the  day  next  after  their 
general  election : Provided , however.  That  the  senators  elect,  at  the 

first  session,  of  the  legislative  assembly  under  this  constitution,  shall  be 
divided  by  lot  into  two  equal  classes,  as  nearly  as  may  be;  and  the 
seats  of  senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  two  years,  and  those  of  the  second  class  at  the  expiration  of  four 
years;  so  that  one-lialf,  as  nearly  as  possible,  shall  be  chosen  biennially 


21 


forever  thereafter.  And  in  case  of  the  increase  of  the  number  of  sena- 
tors, they  shall  be  so  annexed  by  lot  to  one  or  the  other  of  the  two 
classes  as  to  keep  them  as  nearly  equal  as  possible. — Ore.  (1857),  Art.  4. 

Sec.  7.  A senatorial  district,  when  more  than  one  county  shall  con- 
stitute the  same,  shall  be  composed  of  contiguous  counties,  and  no 
countv  shall  be  divided  in  creating  senatorial  districts. — Ore.  (1857), 

Art.  4.  > 

Sec.  16.  The  state  shall  be  divided  into  fifty  senatorial  districts 
of  compact  and  contiguous  territory  as  nearly  equal  in  population  as 
may  be,  and  each  district  shall  be  entitled  to  elect  one  senator.  Each 
county  containing  one  or  more  ratios  of  population  shall  be  entitled 
to  one  senator  for  each  ratio,  and  to  an  additional  senator  for  a sur- 
plus of  population  exceeding  three-fifths  of  a ratio,  but  no  county  shall 
form  a separate  district  unless  it  shall  contain  four-fifth  of  a ratio, 
except  where  the  adjoining  counties  are  each  entitled  to  one  or  more 
senators,  when  such  county  may  be  assigned  a senator  on  less  than  four- 
fifths  and  exceeding  one-half  of  a ratio;  and  no  county  shall  be  divided 
unless  entitled  to  two  or  more  senators.  No  city  or  county  shall  be 
entitled  to  separate  representation  exceeding  one-sixth  of  the  whole 
number  of  senators.  No  ward,  borough  or  township  shall  be  divided  in 
the  formation  of  a district.  The  senatorial  ratio  shall  be  ascertained 
bv  dividing  the  whole  population  of  the  state  bv  the  number  fifty. — Pa. 
(1873),  Art.  2. 

Sec.  1.  The  senate  shall  consist  of  the  lieutenant-governor  and  of 
one  senator  from  each  town  or  city  in  the  state. — R.  I.  (1842),  Art.  6. 

Sec.  6.  The  senate  shall  be  composed  of  one  member  from  each  county, 
to  be  elected  for  the  term  of  four  years  by  the  qualified  electors  in  each 
county,  in  the  same  manner  in  which  members  of  the  house  of  repre- 
sentatives are  chosen. — 8.  C.  (1895),  Art.  3. 

Sec.  2.  The  senate  shall  consist  of  thirty-one  members,  and  shall 
never  be  increased  above  this  number.  The  house  of  representatives 
shall  consist  of  ninety-three  members  until  the  first  apportionment  after 
the  adoption  of  this  constitution,  when,  or  at  any  apportionment  there- 
after, the  number  of  representatives  may  be  increased  by  the  legislature, 
upon  the  ratio  of  not  more  than  one  representative  for  every  fifteen 
thousand  inhabitants:  Provided , The  number  of  representatives  shall 

never  exceed  one  hundred  and  fifty. — Tex.  (1875),  Art.  3. 

Sec.  3.  The  senators  shall  be  chosen  by  the  qualified  electors  for  the 
term  of  four  years;  but  a new  senate  shall  be  chosen  after  every  appor- 
tionment, and  the  senators  elected  after  each  apportionment  shall  be 
divided  by  lot  into  two  classes.  The  seats  of  the  senators  of  the  first- 
class  shall  be  vacated  at  the  expiration  of  the  first  two  years,  and  those 
of  the  second-class  at  the  expiration  of  four  years,  so  that  one-half  of 
the  senators  shall  be  chosen  biennially  thereafter. — Tex.  (1875),  Art.  3. 

Sec.  25.  The  state  shall  be  divided  into  senatorial  districts  of  con 


22 


tiguous  territory  according  to  the  number  of  qualified  electors,  as  nearly 
as  may  be,  and  each  district  shall  be  entitled  to  elect  one  senator,  and 
no  single  county  shall  be  entitled  to  more  than  one  senator. — Tex . 
(1875),  Art.  3. 

Sec.  4.  The  senators  shall  be  chosen  by  the  qualified  electors  of  the 
respective  senatorial  districts,  at  the  same  times  and  places  as  members 
of  the  house  of  representatives,  and  their  term  of  office  shall  be  four 
years  from  the  first  day  of  January  next  after  their  election : Provided , 

That  the  senators  elected  in  1896  shall  be  divided  by  lot  into  two  classes 
as  nearly  equal  as  may  be;  seats  of  senators  of  the  first-class  shall  be 
vacated  at  the  expiration  of  two  years,  and  those  of  the  second-class  at 
the  expiration  of  four  years;  so  that  one-half,  as  nearly  as  possible, 
shall  be  chosen  biennially  thereafter.  In  case  of  increase  in  the  number 
of  senators,  they  shall  be  annexed  by  lot  to  one  or  the  other  of  the  two 
classes,  so  as  to  keep  them  as  nearly  equal  as  practicable. — Utah  (1896), 
Art.  6. 


Sec.  3.  The  senate  shall  consist  of  eighteen  members,  and  the  house 
of  representatives  of  forty-five  members.  The  legislature  may  increase 
the  number  of  senators  and  representatives,  but  the  senators  shall  never 
exceed  thirty  in  number,  and  the  number  of  representatives  shall  never 
be  less  than  twice  nor  greater  than  three  times  the  number  of  senators. — 
Utah  (1896),  Art.  9. 

Sec.  4.  When  more  than  one  county  shall  constitute  a senatorial 
district,  such  counties  shall  be  contiguous,  and  no  county  shall  be  divided 
in  the  formation  of  such  districts  unless  such  county  contains  sufficient 
population  within  itself  to  form  two  or  more  districts,  nor  shall  a part 
of  anv  county  be  united  with  anv  other  countv  in  forming  anv  district. 
— Utah  (1896),  Art.  9. 

Art.  [23.]  The  senate  shall  be  composed  of  thirty  senators,  to  be  of 
the  freemen  of  the  county  for  which  they  are  elected,  respectively,  who 
shall  have  attained  the  age  of  thirty  years,  and  they  shall  be  elected 
annually  by  the  freemen  of  each  county  respectively. 

The  senators  shall  be  apportioned  to  the  several  counties,  according 
to  the  population,  as  ascertained  by  tl^e  census  taken  under  the  authority 
of  congress  in  the  year  1S40,  regard  being  always  had,  in  such  appor- 
tionment to  the  counties  having  the  largest  fraction,  and  giving  to  each 
county  at  least  one  senator. 

The  legislature  shall  make  a new  apportionment  of  the  senators  to 
the  several  counties,  after  the  taking  of  each  census  of  the  United  States, 
or  after  a census  taken  for  the  purpose  of  such  apportionment,  under 
the  authority  of  this  state,  always  regarding  the  above  provisions  of  this 
article— Vt! (1793),  Arndt.,  Art.' 23. 

Sec.  4.  The  term  of  office  of  senators  and  town  representatives  shall 
be  two  years,  commencing  on  the  first  Wednesday  of  October  following 
their  election. — Vt.  (1793),  Arndt.,. Art.  24. 


Sec.  41.  The  senate  shall  consist  of  not  more  than  forty  and  not  less 


23 


than  thirty-three  members,  who  shall  be  elected  quadrennially  by  the 
voters  of  the  several  senatorial  districts,  on  the  Tuesday  succeeding  the 
first  Monday  in  November. — Va.  (1902),  Art.  4. 

Sec.  2.  The  senate  shall  be  composed  of  twenty- four,  and  the  house  of 
delegates  of  sixty -five  members,  subject  to  be  increased  according  to  the 
provisions  hereinafter  contained. — W.  Va.  (1872),  Art.  G. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years  and  dele- 
gates for  the  term  of  two  years.  The  senators  first  elected,  shall  divide 
themselves  into  two  classes,  one  senator  from  every  district  being 
assigned  to  each  class ; and  of  these  classes,  the  first  to  be  designated 
by  lot  in  such  manner  as  the  senate  may  determine,  shall  hold  their 
seats  for  two  years;  and  the  second  for  four  years,  so  that  after  the 

first  election,  one-half  of  the  senators  shall  be  elected  biennially. 

W.  Va.  (1872),  Art.  6. 

Sec.  50.  The  legislature  may  provide  for  submitting  to  a vote  of  the 
people  at  the  general  election  to  be  held  in  1876,  or  at  any  general  elec- 
tion thereafter,  a plan  or  scheme  of  proportional  representation  in  the 
senate  of  this  state;  and  if  a majority  of  the  votes  cast  at  such  election 
be  in  favor  of  the  plan  submitted  to  them,  the  legislature  shall,  at  its 
session  succeeding  such  election,  rearrange  the  senatorial  districts  in 
accordance  with  the  plan  .so  approved  by  the  people. — W.  Va.  (1872) r 
Art.  6. 

Sec.  2.  The  number  of  the  members  of  the  assembly  shall  never 
be  less  than  fifty-four,  nor  more  than  one  hundred.  The  senate  shall 
consist  of  a number  not  more  than  one-third,  nor  less  than  one-fourth 
of  the  number  of  the  members  of  the  assembly. — Wis.  (1898),  Art.  4. 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four  (4)  years  and 
representatives  for  the  term  of  two  (2)  years.  The  senators  elected  at 
the  first  election  shall  be  divided  by  lot  into  two  classes  as  nearly  equal 
as  may  be.  The  seats  of  senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  first  two  years,  and  of  the  second  class  at  the  ex- 
piration of  four  years.  No  person  shall  be  a senator  who  has  not  at- 
tained the  age  of  twenty-five  years,  or  a representative  who  has  not  at- 
tained the  age  of  twenty-one  years,  and  who  is  not  a citizen  of  the 
United  States  and  of  this  state  and  who  has  not,  for  at  least  twelve 
months  next  preceeding  his  election  resided  within  the  county  or  dis- 
trict in  which  he  was  elected. — Wyo.  (1889),  Art.  3. 


HOUSE  OF  REPRESENTATIVES  ; DISTRICTS. 

(7)  Sec.  3.  The  house  of  representatives  shall  consist  of  not  less  than 
sixty-four  nor  more  than  one  hundred  members.  Representatives  shall 
he  chosen  for  two  years  and  by  single  districts.  Vach  representative 
district  shall  contain,  as  nearly  as  may  be,  an  equal  number  of  inhabi- 
tants, exclusive  of  persons  of  Indian  descent  who  are  not  civilized  or 
are  members  of  any  tribe,  and  shall  consist  of  convenient  and  contigu- 


ous  territory.  But  no  township  or  city  shall  he  divided  in  the  formation 
of  a representative  district.  When  any  township  or  city  shall  contain 
a population  which  entitles  it  to  more  than  one  representative , then  such 
township  or  city  shall  elect  hy  general  ticket  the  number  of  representa- 
tives to  which  it  is  entitled.  Each  county  hereafter  organized , with 
such  territory  as  may  he  attached  thereto , shall  he  entitled  to  a sep- 
arate representative  when  it  has  attained  a population  equal  to  a moiety 
of  the  ratio  of  representation.  In  every  county  entitled  to  more  than 
one  representative  the  hoard  of  supervisors  shall  assemble  at  such  time 
and  place  as  the  legislature  shall  prescribe  and  divide  the  same  into 
representative  districts,  equal  to  the  number  of  representatives  to  which 
such  county  is  entitled  hy  law , and  shall  cause  to  he  filed  in  the  offices 
of  the  secretary  of  state  and  clerk  of  such  county , a description  of  such 
representative  districts,  specifying  the  number  of  each  district  and 
population  thereof,  according  to  the  last  preceding  enumeration. — Mich. 
(1850),  Art.  4. 

Sec.  198.  The  house  of  representatives  shall  consist  of  not  more 
than  one  hundred  and  five  members  unless  new  counties  shall  be  created, 
in  which  event  each  new  county  shall  be  entitled  to  one  representative. 
The  members  of  the  house  of  representatives  shall  be  apportioned  by  the 
legislature  among  the  several  counties  of  the  state,  according  to  the 
number  of  inhabitants  in  them  respectively,  as  ascertained  by  the  de- 
cennial census  of  the  United  States,  which  apportionment  when  made 
shall  not  be  subject  to  alteration  until  the  next  session  of  the  legisla- 
ture after  the  next  decennial  census  of  the  United  States  shall  have 
been  taken. — Ala.  (1901),  Art.  9. 

Sec.  2.  The  house  of  representatives  shall  consist  of  members  to  be 
chosen  everv  second  vear  bv  the  qualified  electors  of  the  several  counties. 
— Ark.  (1874),  Art.  5. 

Sec.  1.  The  house  of  representatives  shall  consist  of  not  less  than 
seventy-three,  nor  more  than  one  hundred  members.  Each  county  now 
organized  shall  always  be  entitled  to  one  representative,  the  remainder 
to  be  apportioned  the  several  counties  according  to  the  number  of  adult 
male  inhabitants,  taking  two  thousand  as  the  ratio,  until  the  number  of 
representatives  amounts  to  one  hundred,  when  they  shall  not  be  further 
increased;  but  the  ratio  of  representation  shall,  from  time  to  time,  be 
increased,  as  hereinafter  provided,  so  that  the  representatives  shall  never 
exceed  that  number.  And  until  the  enumeration  of  the  inhabitants  is 
taken  by  the  United  States  government,  A.  D.  1880,  the  representatives 
shall  be  apportioned  among  the  several  counties,  as  follows:  [The  rest 

of  the  section  is  local  matter.] — Ark.  (1874),  Art . 8,  Sec.  1. 

Art.  15.  The  house  of  representatives  shall  consist  of  electors  resid- 
ing in  towns  from  which  they  are  elected.  Every  town  which  now  con- 
tains, or  hereafter  shall  contain,  a population  of  five  thousand,  shall 
be  entitled  to  send  two  representatives,  and  every  other  one  shall  be 
entitled  to  its  present  representation  in  the  general  assembly.  The 
population  of  each  town  shall  be  determined  by  the  enumeration  made 
under  the  authority  of  the  census  of  the  United  States  next  before  the 
election  of  representatives  is  held. — Conn.  (1818),  Arndt.  Art.  15. 


Art.  18.  In  case  a new  town  shall  hereafter  be  incorporated,  such 
new  town  shall  not  be  entitled  to  a representative  in  the  general  as- 
sembly unless  it  has  at  least  twenty-five  hundred  inhabitants,  and  un- 
less the  town  from  which  the  major  portion  of  its  territory  is  taken  has 
also  at  least  twenty-five  hundred  inhabitants;  but  until  such  towns  shall 
each  have  at  least  twenty -five  hundred  inhabitants,  such  new  town  shall, 
for  the  purpose  of  representation  in  the  general  assembly,  be.  attached 
to  and  be  deemed  to  be  a part  of,  the  town  from  which  the  major  por- 
tion of  its  territory  is  taken,  and  it  shall  be  an  election  district  of  such 
town  for  the  purpose  of  representation  in  the  house  of  representatives. — 
Conn.  (1818),  Arndt.  Art.  18.  ' 

Sec.  3.  Par.  1.  The  house  of  representatives  shall  consist  of  175 
representatives. — Ga.  (1877),  Art.  3. 

Secs.  7 and  8.  The  house  of  representatives  shall  consist  of  three  times 
the  number  of  the  members  of  the  senate,  and  the  term  of  office  shall 
be  two  years.  Three  representatives  shall  be  elected  in  each  senatorial 
district  at  the  general  election  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-two,  and  every  two  years  thereafter.  In  all 
elections  of  representatives  aforesaid,  each  qualified  voter  may  cast  as 
many  votes  for  one  candidate  as  there  are  representatives  to  be  elected, 
or  may  distribute  the  same,  or  equal  parts  thereof,  among  the  candidates, 
as  he  shall  see  fit:  and  the  candidates  highest  in  votes  shall  be  declared 
elected. — III.  (1870),  Art.  4. 

Sec.  35.  The  house  of  representatives  shall  consist  of  not  more  than 
one  hundred  and  eight  members.  The  ratio  of  representation  shall  be 
determined  by  dividing  the  whole  number  of  the  population  of  the  state 
as  shown  by  the  last  preceding  state  or  national  census,  by  the  whole 
number  of  counties  then  existing  or  organized,  but  each  county  shall 
constitute  one  representative  district  and  be  entitled  to  one  representa- 
tive, but  each  rounty  having  a population  in  excess  of  the  ratio  number, 
as  herein  provided  of  three-fifth  or  more  of  such  ratio  number  shall  be 
entitled  to  one  addition  representative,  but  said  addition  shall  extend 
only  to  the  nine  counties  having  the  greatest  population. — Iowa  (1857), 
Art.  3 (Arndt.). 

Sec.  35.  The  number  of  representatives  shall  be  one  hundred,  and  the 
number  of  senators  thirty-eight.— Ky.  (1891),  Sec.  35. 

Sec.  2.  The  house  of  representatives  shall  consist  of  one  hundred  and 
fifty-one  members,  to  be  elected  by  the  qualified  electors,  for  one  year 
from  the  day  next  preceding  the  annual  meeting  of  the  legislature.  /The 
legislature,  which  shall  first  be  convened  under  this  constitution,  shall, 
on  or  before  the  fifteenth  day  of  August,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  twenty-one,  and  the  legislature,  within  every 
subsequent  period  of  at  most  ten  years,  and  at  least  five,  cause  the  num- 
ber of  the  inhabitants  of  the  state  to  be  ascertained,  exclusive  of  for- 
eigners not  naturalized  and  Indians  not  taxed.  The  number  of  repre- 
sentatives shall,  at  the  several  periods  of  making  such  enumeration, 
be  fixed  and  apportioned  among  the  several  counties  as  near  as  may  be, 
4 — Legislative  Dept. 


26 


according  to  the  number  of  inhabitants,  having  regard  to  the  relative 
increase  of  population.  The  number  of  representatives  shall,  on  said 
first  appointment,  be  not  less  than  one  hundred  nor  more  than  one 
hundred  and  fifty. — Me.  (1819)  , Art.  4,  Part  1. 

‘Sec.  2.  The  house  of  representatives  shall  consist  of  one  hundred 
fifty-one  members,  to  be  elected  by  the  qualified  electors,  and  hold  their 
office  two  years  from  the  day  next  preceding  the  biennial  meeting  of  the 
legislature,  and  the  amendment  herein  proposed,  if  adopted,  shall  de- 
termine the  term  of  office  of  senators  and  representatives  to  be  elected 
.at  the  annual  meeting  in  September,  in  the  year  eighteen  hundred  and 
eighty,  as  well  as  the  term  of  senators  and  representatives  thereafter  to 
be  elected.  The  legislature,  which  shall  first  be  convened  under  the 
constitution,  shall  on  or  before  the  fifteenth  day  of  August,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty-one,  and  the  leg- 
islature, within  every  subsequent  period  of  at  most  ten  years,  and  at 
least  five,  cause  the  number  of  the  inhabitants  of  the  state  to  be  ascer- 
tained, exclusive  of  foreigners  not  naturalized  and  Indians  not  taxed. 
The  number  of  representatives  shall,  at  the  several  periods  of  making 
such  enumeration,  be  fixed  and  apportioned  among  the  several  counties, 
as  near  as  may  be,  according  to  the  number  of  inhabitants,  having  re- 
gard to  the  relative  increase  of  population.  The  number  of  representa- 
tives shall,  on  said  first  apportionment,  be  not  less  than  one  hundred 
and  not  more  than  one  hundred  and  fiftv.’ — Me.  (1819),  Art.  25  (Arndt.). 
Sec.  2. 

Art.  1.  There  shall  be,  in  the  legislature  of  this  commonwealth,  a 
representation  of  the  people,  annually  elected,  and  founded  upon  the 
principle  of  equality. — Mass.  (1780),  Part  2,  Chap.  1,  Sec.  3,  Art.  1. 

Art.  2.  And  the  house  of  representatives  shall  have  power  from 
time  to  time  to  impose  fines  upon  such  towns  as  shall  neglect  to  choose 
and  return  members  to  the  samp,  agreeably  to  this  constitution. — Mass. 
(1780),  Part  2,  Chap.  2,  Sec.  3,  Art.  2. 

Art.  21.  A census  of  the  legal  voters  of  each  city  and  town,  on  the 
first  day  of  May,  shall  be  taken  and  returned  into  the  office  of  the 
secretary  of  the  commonwealth,  on  or  before  the  last  day  of  June,  in 
the  year  one  thousand  eight  hundred  and  fifty-seven;  and  a census  of 
Ihe  inhabitants  of  each  city  and  town,  in  the  year  one  thousand  eight 
hundred  and  sixty -five,  and  of  every  tenth  year  thereafter.  In  the  cen- 
sus aforesaid,  a special  enumeration  shall  be  made  of  the  legal  voters; 
and  in  each  city,  said  enumeration  shall  specify  the  number  of  such 
legal  voters  aforesaid,  residing  in  each  ward  of  such  city.  The  enumera- 
tion aforesaid  shall  determine  the  apportionment  of  representatives  for 
the  periods  between  the  taking  of  the  census. 

The  house  of  representatives  shall  consist  of  two  hundred  and  forty 
members,  which  shall  be  apportioned  by  the  legislature,  at  its  first  ses- 
sion after  the  return  of  each  enumeration  as  aforesaid,  to  the  several 
counties  of  the  commonwealth,  equally,  as  nearly  as  may  be,  according 
to  their  relative  numbers  of  legal  voters,  as  ascertained  by  the  next  pre- 
ceding special  enumeration;  and  the  town  of  Cohasset,  in  the. county  of 


/ 


27 


Norfolk,  shall,  for  this  purpose,  as  well  as  in  the  formation  of  districts, 
as  hereinafter  provided,  be  considered  a part  of  the  county  of  Plymouth; 
and  it  shall  be  the  duty  of  the  secretary  of  the  commonwealth,  to  cer- 
tify, as  soon  as  may  be  after  it  is  determined  by  the  legislature,  the 
number  of  representatives  to  which  each  county  shall  be  entitled,  to  the 
board  authorized  to  divide  each  county  into  representative  districts. 
The  mayor  and  aldermen  of  the  city  of  Boston,  the  county  commission- 
ers of  other  counties  than  Suffolk, — or  in  lieu  of  the  mayor  and  aider- 
men  of  the  city  of  Boston,  or  of  the  county  commissioners  in  each  county 
other  than  Suffolk,  such  board  of  special  commissioners  in  each  county, 
to  be  elected  by  the  people  of  the  county,  or  of  the  towns  therein,  as  may 
for  that  purpose  be  provided  by  law, — shall,  on  the  first  Tuesday  of 
August  next  after  each  assignment  of  representatives  to  each  county, 
assemble  at  a shire  town  of  their  respective  counties,  and  proceed,  as 
soon  as  may  be,  to  divide  the  same  into  representative  districts  of  con- 
tiguous territory,  so  as  to  apportion  the  representation  assigned  to  each 
county  equally,  as  nearly  as  may  be,  according  to  the  relative  number  of 
legal  voters  in  the  several  districts  of  each  county;  and  such  districts 
shall  be  so  formed  that  no  town  or  ward  of  a city  shall  be  divided  there- 
for, nor  shall  any  district  be  made  which  shall  be  entitled  to  elect  more 
than  three  representatives.  Every  representative,  for  one  year  at  least 
next  preceding  his  election,  shall  have  been  an  inhabitant  of -the  dis- 
trict for  which  he  is  chosen,  and  shall  cease  to  represent  such  district 
when  he  shall  cease  to  be  an  inhabitant  of  the  commonwealth.  The  dis- 
tricts in  each  county  shall  be  numbered  by  the  board  creating  the  same, 
and  a description  of  each,  with  the  numbers  thereof  and  the  number  of 
legal  voters  therein,  shall  be  returned  by  the  board,  to  the  secretary  of 
the  commonwealth,  the  county  treasurer  of  each  county,  and  to  the  clerk 
of  every  town  in  each  district,  to  be  filed  and  kept  in  their  respective 
offices.  The  manner  of  calling  and  conducting  the  meetings  for  the 
choice  of  representatives,  and  of  ascertaining  their  election,  shall  be 
prescribed  by  law. — Mass.  (1780),  Arndt.  Art.  21  (1857). 

Sec.  34.  The  house  of  representatives  shall  consist  of  members  chosen 
every  four  years  by  the  qualified  electors  of  the  several  counties  and  rep- 
resentative districts. — Miss.  (1890),  Art.  4. 

Sec.  2.  The  house  of  representatives  shall  consist  of  members  to 
be  chosen  every  second  year  by  the  qualified  voters  of  the  several  coun- 
ties, and  apportioned  in  the  following  manner.  The  ratio  of  representa- 
tion shall  be  ascertained  at  each  apportioning  session  of  the  general  as- 
sembly, by  dividing  the*  whole  number  of  inhabitants  of  the  state,  as 
ascertained  by  the  last  decennial  census  of  the  United  States,  by  the 
number  two  hundred.  Each  county  having  one  ratio,  or  less,  shall  be 
entitled  to  one  representative;  each  county  having  two  and  a half  times 
said  ratio  shall  be  entitled  to  two  representatives;  each  county  having 
four  times  said  ratio  shall  be  entitled  to  three  representatives;  each 
county  having  six  times  such  ratio  shall  be  entitled  to  four  representa- 
tives, and  so  on  above  that  number,  giving  one  additional  member  for 
every  two  and  a half  additional  ratios. — Mo.  (1875),  Art.  4. 

Sec.  3.  The  house  of  representatives  shall  consist  of  eighty-four  mem- 


•28 


bers  and  the  senate  shall  consist  of  thirty  members,  until  the  year  eight- 
een hundred  and  eighty  after  which  time  the  number  of  members  of  each 
house  shall  be  regulated  by  law.  But  the  number  of  representatives  shall 
never  exceed  one  hundred,  nor  that  of  senators,  thirty-three.  The  sessions 
of  the  legislature  shall  be  biennial,  except  as  otherwise  provided  in  this 
constitution. — Neb.  (1875),  Art.  3. 

Sec.  6.  The  aggregate  number  of  members  of  both  branches  of  the  leg- 
islature shall  never  exceed  seventy-five. — Nev.  (1864),  Art.  15. 

Sec.  3.  1.  The  general  assembly  shall  be  composed  of  members 

annually  elected  by  the  legal  voters  of  the  counties,  respectively,  who 
shall  be  apportioned  among  the  said  counties  as  nearly  as  may  be  ac- 
cording to  the  number  of  their  inhabitants.  The  present  apportionment 
shall  continue  until  the  next  census  of  the  United  States  shall  have  been 
taken,  and  an  apportionment  of  members  of  the  general  assembly  shall 
be  made  by  the  legislature  at  its  first  session  after  the  next  and  every 
subsequent  enumeration  of  census,  and  when  made  shall  remain  unal- 
tered until  another  enumeration  shall  have  been  taken : Provided , That 
each  county  shall  at  all  times  be  entitled  to  one  member;  and  the  whole 
number  of  members  shall  never  exceed  sixtv. — N.  J.  (1844),  Art.  4, 
Sec.  3,  Cl.  1. 

Sec.  5.  The  house  of  representatives  shall  be  composed  of  one  hun- 
dred and  twenty  representatives,  biennially  chosen  by  ballot,  to  be  elected 
by  the  counties  respectively,  according  to  their  population,  and  each 
county  shall  have  at  least  one  representative  in  the  house  of  representa- 
tives, although  it  may  not  contain  the  requisite  ratio  of  representation; 
this  apportionment  shall  be  made  by  the  general  assembly  at  the  respec- 
tive times  and  periods  when  the  districts  of  the  senate  are  hereinbefore 
directed  to  be  laid  off. — N.  C.  (1875),  Art.  2. 

Sec.  32.  The  house  of  representatives  shall  be  composed  of  not  less 
than  sixtv,  nor  more  than  one  hundred  and  fortv  members. — N.  Dak „ 
(1889),  Art.  2. 

Sec.  33.  Representatives  shall  be  elected  for  the  term  of  two  years. — 
N.  Dak.  (1889),  Art.  2. 

Sec.  10.  The  house  of  representatives,  until  otherwise  provided  by 
law,  shall  consist  of  not  more  than  one  hundred  and  nine  members  who 
shall  hold  office  for  two  years:  Provided,  That  the  representatives  elect- 
ed at  the  first  election  shall  hold  office  until  the  fifteenth  day  succeeding 
the  day  of  the  regular  state  election  in  nineteen  hundred  and  eight: 
And , Provided , That  the  day  on  which  state  elections  shall  be  held  shall 
be  fixed  by  the  legislature. 

(a)  The  first  legislature  shall  meet  at  the  seat  of  government  upon 
proclamation  of  the  governor  on  the  day  named  in  said  proclamation, 
which  shall  not  be  more  than  thirty  days  nor  less  than  fifteen  days  after 
the  admission  of  the  state  into  the  Union. 

(b)  The  apportionment  of  this  state  for  members  of  the  legislature 


29 


shall  be  made  at  the  first  session  of  the  legislature  after  each  decennial 
federal  census. 

(c)  The  whole  population  of  the  state  as  ascertained  by  the  federal 
census,  or  in  such  manner  as  the  legislature  may  direct,  shall  be  divided 
by  the  number  one  hundred  and  the  quotient  shall  be  the  ratio  of  repre- 
sentation in  the  house  of  representatives  for  'the  next  ten  years  succeed- 
ing such  apportionment. 

(d)  Every  county  having  a population  equal  to  one-half  of  said  ratio 

shall  be  entitled  to  one  representative;  every  county  containing  said  ratio 
and  three-fourths  over  shall  be  entitled  to  two  representatives,  and  so  on, 
requiring  after  the  first  two  an  entire  ratio  for  each  additional  represen- 
tative: Provided , That  no  county  shall  ever  take  part  in  the  election  of 

more  than  seven  representatives. 

(e)  When  any  county  shall  have  a fraction  above  the  ratio  so  large 
that  being  multiplied  by  five  the  result  will  be  equal  to  one  or  more  ra- 
tios, additional  representatives  shall  be  apportioned  for  such  ratio  among 
the  several  sessions  of  the  decennial  period.  If  there  are  two  ratios, 
representatives  shall  be  alloted  to  the  fourth  and  third  sessions,  respec- 
tively; if  three,  the  third,  second  and  first  sessions,  respectively;  if  four, 
to  the  fourth,  third,  second,  and  first  sessions,  respectively. 

W Any  county  forming  with  another  county  or  counties  a represen- 
tative district  during  one  decennial  period  if  it  has  acquired  sufficient 
population,  at  a fixed  decennial  period,  shall  be  entitled  to  an  additional 
representative,  if  there  shall  be  left  in  the  district  from  which  it  shall 
have  been  seperated  a population  sufficient  for  a representative.  No 
such  change  shall  be  made  except  at  the  regular  decennial  period  for  the 
apportionment  of  representatives. 

(g)  If  in  fixing  any  decennial  ratio,  a county  previously  a separate 
representative  district  shall  have  less  than  the  number  required  by  the 
ratio  for  a representative,  such  country  shall  be  attached  to  a county  ad- 
joining it  and  become  a part  of  such  representative  district. 

(h)  No  county  shall  ever  be  divided  in  the  formation  of  representa- 
tive districts  except  to  make  two  or  more  representative  districts  in  such 
county.  No  town,  or  ward  in  a city,  where  it  constitutes  only  one  voting 
precinct,  shall  be  divided  in  the  formation  of  representative  districts,  nor 
shall  any  representative  district  contain  a greater  excess  in  population 
over  an  adjoining  district  in  the  same  county  than  the  population  of  a 
town  or  ward  in  a city,  constituting  only  one  voting  precinct  adjoining 
such  district.  Counties,  towns,  or  wards  in  cities,  constituting  only  one 
voting  precinct,  which,  from  location,  may  be  included  in  either  of  two 
districts,  shall  be  so  placed  as  to  make  said  districts  most  nearly  equal  in 
number  of  inhabitants. 

(i)  Ascertaining  the  ratio  of  representation  according  to  the  federal 
census,  or  such  other  enumeration  as  the  legislature  may  provide,  and  at- 
taching any  county,  previously  having  a separate  representative  but  found 
to  have  less  than  the  number  required  by  the  ratio,  to  an  adjoining 
county;  and  determining  the  number  of  representatives  each  county  or 
district  shall  be  entitled  to,  and  for  what  sessions  of  the  legislature  with- 
in the  next  decennial  period;  and  apportioning  the  senators,  shall  be 
done  by  the  legislature  and  be  presented  to  the  governor  for  his  approval 
in  the  same  manner  as  other  bills  which  may  be  passed  by  the  legislature. 

a)  An  apportionment  by  the  legislature  shall  be  subject  to  review 


30 


bv  the  supreme  court  at  the  suit  of  any  citizen,  under  such  rules  and 
regulations  as  the  legislature  may  prescribe.  And  such  court  shall  give 
all  cases  involving  apportionment  precedence  over  all  other  cases  and 
proceedings ; and  if  said  court  be  not  in  session,  it  shall  convene  promptly 
for  the  disposal  of  the  same.^ — Olrta.  (1907),  Art.  5. 

Sec.  1.  The  house  of  representatives  shall  never  exceed  seventy-two 
members,  and  shall  be  constituted  on  the  basis  of  population,  always  al- 
lowing one  representative  for  a fraction  exceeding  half  the  ratio;  but 
each  town  or  city  shall  always  be  entitled  to  at  least  one  member;  and 
no  town  or  city  shall  have  more  than  one-sixth  of  the  whole  number  of 
members  to  which  the  house  is  hereby  limited.  The  present  ratio  shall 
be  one  representative  to  every  fifteen  hundred  and  thirty  inhabitants, 
and  the  general  assembly  may,  after  any  new  census  taken  by  the  author- 
ity of  the  United  States  or  of  this  state,  reapportion  the  representation 
by  altering  the  ratio ; but  no  town  or  city  shall  be  divided  into  districts 
for  the  choice  of  representatives. — R.  I.  (1842),  Art . 5. 

Sec.  2.  The  house  of  representatives  shall  be  composed  of  members 
chosen  by  ballot  every  second  year  by  citizens  of  this  state,  qualified  as  in 
this  constitution  is  provided. — 8.  C.  (1895),  Art.  3. 

Sec.  3.  The  house  of  representatives  shall  consist  of  one  hundred  and 
twenty-four  members,  to  be  apportioned  among  the  several  counties  ac- 
cording to  the  number  of  inhabitants  contained  in  each.  Each  county 
shall  constitute  one  election  district.  An  enumeration  of  the  inhabitants 
for  this  purpose  shall  be  made  in  the  year  nineteen  hundred  and  one, 
and  shall  be  made  in  the  course  of  every  tenth  year  thereafter,  in  such 
manner  as  shall  be  by  law  directed : Provided.  That  the  general  assembly 
may  at  any  time,  in  its  discretion,  adopt  the  immediately  preceding 
United  States  census  as  a true  and  correct  enumeration  of  the  inhab- 
itants of  the  several  counties,  and  make  the  apportionment  of  repre- 
sentatives among  the  several  counties  according  to  said  enumeration. — 
£.  C.  (1895),  Art.  3. 

Sec.  2.  The  number  of  members  of  the  house  of  representatives  shall 
not  be  less  than  seventy -five,  nor  more  than  one  hundred  and  thirty -five. 
The  number  of  members  of  the  senate  shall  not  be  less  than  twenty-five 
nor  more  than  forty-five. 

The  sessions  of  the  legislature  shall  be  biennial  except  as  otherwise 
provided  in  this  constitution. — S.  D.  (1889),  Art.  3. 

Sec.  4.  The  members  of  the  house  of  representatives  shall  be  chosen 
by  the  qualified  electors,  and  their  term  of  office  shall  be  two  years  from 
the  day  of  their  election. — Tex.  (1875),  Art.  3. 

Sec.  7.  In  order  that  the  freemen  of  this  state  might  enjoy  the  benefit 
of  election  as  equally  as  may  be,  each  town  within  this  state,  that  con- 
sists, or  may  consist  of  eighty  taxable  inhabitants,  within  one  septenary 
or  seven  years  next  after  the  establishing  of  this  constitution,  may  hold 
elections  therein,  and  choose  each  two  representatives;  and  each  other 
inhabited  town  in  this  state,  may,  in  like  manner,  choose  each  one  repre- 


31 


sentative  to  represent  them  in  general  assembly,  during  the  said  sep- 
tenary, or  seven  years,  and  after  that,  each  inhabited  town  may,  in  like 
manner  hold  such  election,  and  choose  each  one  representative  forever 
thereafter. — Vt.  (1793),  Chop.  2. 

Sec.  8.  The  house  of  representatives  of  the  freemen  of  this  state,  shall 
consist  of  persons  most  noted  for  wisdom  and  virtue,  to  be  chosen  by 
ballot,  by  the  freemen  of  every  town  in  this  state,  respectively,  on  the 
first  Tuesday  of  September  annually,  forever. — Vt.  (1793),  Chap.  2. 

Art.  2.  The  most  numerous  branch  of  the  legislature  of  this  state 
shall  hereafter  be  styled  the  . house  of  representatives. — Vt.  (1793), 
(Arndt.),  Art.  2. 

Sec.  42.  The  house  of  delegates  shall  consist  of  not  more  than  one 
hundred  and  not  less  than  ninety  members,  who  shall  be  elected  biennially 
by  the  voters  of  the  several  house  districts,  on  the  Tuesday  succeeding 
the  first  Monday  in  November. — Va.  (1902),  Art.  4. 

Sec.  2.  The  house  of  representatives  shall  be  composed  of  not  less 
than  sixty-three  nor  more  than  ninety-nine  members.  The  number  of 
senators  shall  not  be  more  than  one-half  nor  less  than  one-third  of  the 
number  of  members  of  the  house  of  representatives.  The  first  legislature 
shall  be  composed  of  seventy  members  of  the  house  of  representatives  and 
thirty-five  senators. — Wash.  (1889),  Art.  2. 


ORGANIZATION  OF  HOUSE. 

Sec.  7.  The  mode  of  organizing  the  house  of  representatives,  af  the 
commencement  of  each  regular  session,  shall  be  prescribed  by  law. — 
Ohio  (1851),  Art.  2. 


CENSUS  AND  APPORTIONMENT. 

(8)  Sec.  4.  The  legislature  shall  provide  by  law  for  an  enumeration 
of  the  inhabitants  in  the  year  eighteen  hundred  and  fifty-four  and  every 
ten  year's  thereafter ; and  at  the  first  session  after  each  enumeration  so 
made , and  also  at  the  first  session  after  each  enumeration  by  the  author- 
ity of  the  United  States : the  legislature  shall  rearrange  the  senate  dis- 
tricts and  apportion  anew  the  representatives  among  the  counties  and 
districts,  according  to,  the  number  of  inhabitants , exclusive  of  persons 
of  Indian  descent  who  are  not  civilized  or  are  members  of  any  tribe.  Each 
apportionment  and  the  division  into  representative  districts  by  any 
board  of  supervisors  shall  remain  unaltered  until  the  return  of  another 
enumeration. — Mich.  (1850),  Art.  4. 

Sec.  199.  It  shall  be  the  duty  of  the  legislature  at  its  first  session 
after  the  taking  of  the  decennial  census  of  the  United  States  in  the  year 
nineteen  hundred  and  ten,  and  after  each  subsequent  decennial  census, 
to  fix  b}^  law  the  number  of  representatives,  and  apportion  them  among 


32 


the  several  counties  of  the  state,  according  to  the  number  of  inhabitants 
in  them  respectively:  Provided.  That  each  county  shall  be  entitled  to 

at  least  one  representative. — Ala.  (1901),  Art.  9. 

Sec.  200.  It  shall  be  the  duty  of  the  legislature  at  its  first  session 
after  taking  the  decennial  census  of  the  United  States  in  the  year  nine- 
teen hundred  and  ten,  and  after  each  subsequent  decennial  census,  to  fix 
by  law  the  number  of  senators  and  to  divide  the  state  into  as  many 
senatorial  districts  as  there  are  senators,  which  districts  shall  be  as 
nearly  equal  to  each  other  in  the  number  of  inhabitants  as  may  be,  and 
each  shall  be  entitled  to  one  senator,  and  no  more;  and  such  districts 
when  formed,  shall  not  be  changed  until  the  next  apportioning  session 
of  the  legislature,  after  the  next  decennial  census  of  the  United  States 
shall  have  been  taken : Provided.  That  counties  created  after  the  next 
preceding  apportioning  session  of  the  legislature  may  be  attached  to 
senatorial  districts.  No  county  shall  be  divided  between  two  districts, 
and  no  district  shall  be  made  of  two  or  more  counties  not  contiguous 
to  each  other. — Ala.  (1901),  Art.  9. 

Sec.  201.  Should  any  decennial  census  of  the  United  States  not  be 
taken,  or  if  when  taken,  as  to  this  state,  be  not  full  and  satisfactory,  the 
legislature  shall  have  power  at  its  first  session  after  the  time  shall  have 
elapsed  for  the  taking  of  said  census,  to  provide  for  an  enumeration  of 
all  the  inhabitants  of  this  state,  upon  which  it  shall  be  the  duty  of  the 
legislature  to  make  the  apportionment  of  representatives  and  senators 
as  provided  for  in  this  article. — Ala.  (1901),  Art.  9. 

Sec.  2.  The  legislature  shall  from  time  to  time  divide  the  state  into 
convenient  senatorial  districts  in  such  manner  that  the  senate  shall  be 
based  upon  the  adult  male  inhabitants  of  the  state,  each  senator  repre- 
senting an  equal  number  as  nearly  as  practicable,  and  until  the  enumer- 
ation of  the  inhabitants  is  taken  by  the  United  States  government,  A.  D. 
1880,  the  districts  shall  be  arranged  as  follows: — Ark.  (1871),  Art.  5. 

Sec.  4.  The  division  of  the  state  into  senatorial  districts  and  the 
apportionment  of  representatives  to  the  several  counties  shall  be  made 
by  the  general  assembly  at  the  first  regular  session  after  each  enumer- 
ation of  the  inhabitants  of  the  state  by  the  federal  or  state  government 
shall  have  been  ascertained,  and  at  no  other  time. — Ark.  (1874),  Art.  8. 

Sec.  6.  For  the  purpose  of  choosing  members  of  the  legislature,  the 
state  shall  be  divided  into  forty  senatorial  and  eighty  assembly  districts, 
as  nearly  equal  in  proportion  as  may  be,  and  composed  of  contiguous  ter- 
ritory, to  be  called  senatorial  and  assembly  districts.  Each  senatorial 
district  shall  choose  one  senator,  and  each  assembly  district  shall  choose 
one  member  of  assembly.  The  senatorial  districts  shall  be  numbered  from 
one  to  forty,  inclusive,  in  numerical  order,  and  the  assembly  districts 
shall  be  numbered  from  one  to  eighty  in  the  same  order,  commencing  at 
the  northern  boundary  of  the  state  and  ending  at  the  southern  boundary 
thereof.  In  the  formation  of  such  districts  no  county,  or  city  and  county 
shall  be  divided,  unless  it  contains  sufficient  population  within  itself  to 
form  two  or  more  districts,  nor  shall  a part  of  any  county,  or  of  any 


33 


city  and  county,  be  united  with  any  other  county,  or  city  and  county, 
in  forming  any  district.  The  census  taken  under  the  direction  of  the  con- 
gress of  the  United  States  in  the  year  one  thousand  eight  hundred  and 
eighty,  and  every  ten  years  thereafter,  shall  be  the  basis  of  fixing  and 
adjusting  the  legislative  districts;  and  the  legislature  shall,  at  its  first 
session  after  each  census,  adjust  such  districts  and  reapportion  the 
representation  so  as  to  preserve  them  as  near  equal  in  population  as  may 
be.  But  in  making  such  adjustments  no  persons  who  are  not  eligible  to 
become  citizens  of  the  United  States,  under  the  naturalization  laws, 
shall  be  counted  as  forming  a part  of  the  population  of  any  district. 
Until  such  districting  as  herein  provided  for  shall  be  made,  senators  and 
assemblymen  shall  be  elected  by  the  districts  according  to  the  appor- 
tionment now  provided  for  by  law. — Cal.  (1880),  Art.  4. 

Sec.  45.  The  general  assembly  shall  provide  by  law  for  an  enumeration 
of  the  inhabitants  of  the  state  in  the  year  of  our  Lord  1885,  and  every 
tenth  year  thereafter;  and  at  the  session  next  following  such  enumer- 
ation, and  also  at  the  session  next  following  an  enumeration  made  by  the 
authority  of  the  United  States,  shall  revise  and  adjust  the  apportionment 
for  senators  and  representatives  on  the  basis  of  such  enumeration,  ac- 
cording to  the  ratios  to  be  fixed  by  law. — Colo.  (1876),  Art.  5. 

Sec.  47.  Senatorial  and  representative  districts  may  be  altered  from 
time  to  time,  as  public  convenience  may  require.  When  a senatorial  or 
representative  district  shall  be  composed  of  two  or  more  counties,  they 
shall  be  contiguous,  and  the  district  as  compact  as  may  be.  No  county 
shall  be  divided  in  the  formation  of  a senatorial  or  representative  dis- 
trict.— Colo.  (1876),  Art.  5. 

Sec.  2.  The  general  assembly  which  shall  be  held  on  the  Wednesday 
after  the  first  Monday  of  January,  1903,  shall  divide  the  state  into  sena- 
torial districts,  as  hereinafter  provided;  the  number  of  such  districts 
shall  not  be  less  than  twenty-four  nor  more  than  thirty-six,  and  each  dis- 
trict shall  elect  only  one  senator.  The  districts  shall  always  be  composed 
of  contiguous  territory,  and  in  forming  them  regard  shall  be  had  to  popu- 
lation in  the  several  districts,  that  the  same  may  be  as  nearly  equal  as 
possible  under  the  limitations  of  this  amendment.  Neither  the  wThole  or 
a part  of  one  county  shall  be  joined  to  the  whole  or  a part  of  another 
county  to  form  a district,  and  no  town  shall  be  divided,  unless  for  the 
purpose  of  forming  more  than  one  district  wholly  within  such  town,  and 
each  county  shall  have  at  least  one  senator.  The  districts,  when  estab- 
lished as  hereinafter  provided,  shall  continue  the  same  until  the  session 
of  the  general  assembly  next  after  the  completion  of  the  next  census  of 
the  United  States,  which  general  assembly  shall  have  power  to  alter  the 
same,  if  found  necessary  to  preserve  a proper  equality  of  population  in 
each  district,  but  only  in  accordance  with  the  principles  above  recited; 
after  which  said  districts  shall  not  be  altered,  nor  the  number  of  senators 
altered,  except  at  a session  of  the  general  assembly  next  after  the  com- 
pletion of  a census  of  the  United  States,  and  then  only  in  accordance  with 
the  principles  hereinbefore  provided. — Conn.  (1818),  Amdt.  Art.  31. 

Sec.  3.  The  legislature  that  shall  meet  A.  D.  1887,  and  those  that  shall 
5 — Legislative  Dept. 


34 


meet  every  ten  years  thereafter,  shall  apportion  the  representation  in  the 
senate,  the  whole  number  of  senators  not  to  exce'ed  thirty-two  members; 
and  at  the  same  time  shall  also  apportion  the  representation  in  the  house 
of  representatives,  the  whole  number  of  representatives  not  to  exceed 
sixty-eight  members.  The  representation  in  the  house  of  representatives 
shall  be  apportioned  among  the  several  counties  as  nearly  as  possible  ac- 
cording to  population : Provided,  Each  county  shall  have  one  representa- 
tive at  large  in  the  house  of  representatives,  and  no  county  shall  have 
more  than  three  represntatives. — Fla.  (1885),  Art . 7. 

Sec.  5.  The  legislature  shall  provide  for  an  enumeration  of  all  the  in- 
habitants of  the  state  by  counties  for  the  year  1895,  and  every  ten  years 
thereafter. — Fla.  (1885),  Art.  7. 

Sec.  2.  Par.  3.  The  general  assembly  may  change  these  districts  after 
each  census  of  the  United  States:  Provided , That  neither  the  number  of 
districts  nor  the  number  of  senators  from  each  district  shall  be  increased. 
— Ga.  (1877),  Art.  3. 

Sec.  3.  Par.  2.  The  above  apportionment  shall  ie  changed  by  the  gen- 
eral assembly  at  its  first  session  after  each  census  taken  by  the  United 
States  government,  so  as  to  give  the  six  counties  having  the  largest  popu- 
lation three  representatives  each ; and  to  the  twenty-six  counties  having 
the  next  largest  population  two  representatives  each ; but  in  no  event 
shall  the  aggregate  number  of  representatives  be  increased. — Ga.  (1877), 
Art.  3. 


Sec.  4.  The  members  of  the  first  legislature  shall  be  apportioned  to 
the  several  legislative  districts  of  the  state  in  proportion  to  the  number  of 
votes  polled  at  the  last  general  election  for  delegate  to  congress,  and  there- 
after to  be  apportioned  as  may  be  provided  by  law : Provided , Each 

county  shall  be  entitled  to  one  representative. — Idaho  (1889),  Art.  3. 

Sec.  6.  The  general  assembly  shall  apportion  the  state  every  ten  years, 
beginning  with  the  year  one  thousand  eight  hundred  and  seventy-one,  by 
dividing  the  population  of  the  state,  as  ascertained  by  the  federal  census, 
by  the  number  fifty-one,  and  the  quotient  shall  be  the  ratio  of  represen- 
tation in  the  senate.  The  state  shall  be  divided  into  fifty-one  senatorial 
districts,  each  of  which  shall  elect  one  senator,  whose  term  of  office  shall 
be  four  years.  The  senators  elected  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-two,  in  districts  bearing  odd  numbers,  shall 
vacate  their  offices  at  the  end  of  two  years,  and  those  elected  in  districts 
bearing  even  numbers  at  the  end  of  four  years,  and  vacancies  occurring 
by  the  expiration  of  term  shall  be  filled  by  the  election  of  senators  for 
the  full  term.  Senatorial  districts  shall  be  formed  of  contiguous  and 
compact  territory,  bounded  by  county  lines,  and  contain  as  near  as  prac- 
ticable an  equal  number  of  inhabitants;  but  no  district  shall  contain  less 
than  four-fifths  of  the  senatorial  ratio.  Counties  containing  not  less 
than  the  ratio  and  three-fourths  may  be  divided  into  separate  districts, 
and  shall  be  entitled  to  two  senators,  and  to  one  additional  senator  for 
each  number  of  inhabitants  equal  to  the  ratio  contained  by  such  counties 
in  excess  of  twice  the  number  of  said  ratio. — III.  (1870),  Art.  4. 


35 


Sec.  7.  The  population  of  the  state,  as  ascertained  by  the  federal 
census,  shall  be  divided  by  the  number  one  hundred  and  fifty-three,  and 
the  quotient  shall  be  the  ratio  of  representation  in  the  house  of  represen- 
tatives. Every  county  or  district  shall  be  entitled  to  one  representative, 
when  its  population  is  three-fifths  of  the  ratio;  if  any  county  has  less 
than  three-fifths  of  the  ratio,  it  shaH’be  attached  to  the  adjoining  county 
having  the  least  population,  to  which  no  other  county  has,  for  the  same 
reason,  been  attached,  and  the  two  shall  constitute  a separate  district. 
Every  county  or  district  having  a population  not  less  than  the  ratio  and 
three-fifths,  shall  be  entitled  to  two  representatives,  and  for  each  ad- 
ditional number  of  inhabitants,  equal  to  the  ratio,  one  representative. 
Counties  having  over  two  hundred  thousand  inhabitants,  may  be  divided 
into  districts,  each  entitled  to  not  less  than  three  nor  more  than  five  repre- 
sentatives. After  the  year  one  thousand  eight  hundred  and  eighty,  the 
whole  population  shall  be  divided  by  the  number  one  hundred  and  fifty- 
nine,  and  the  quotient  shall  be  the  ratio  of  representation  in  the  house 
of  representatives  for  the  ensuing  ten  years,  and  six  additional  repre- 
sentatives shall  be  added  for  every  five  hundred  thousand  increase  of 
population  at  each  decennial  census  thereafter,  and  be  apportioned  in 
the  same  manner  as  above  provided. — III.  (1870),  Art.  4. 

Sec.  8.  When  a county  or  district  shall  have  a fraction  of  population 
above  what  shall  entitle  it  to  one  representative,  or  more,  according  to 
the  provisions  of  the  foregoing  section,  amounting  to  one-fifth  of  the  ratio, 
it  shall  be  entitled  to  one  additional  representative  in  the  fifth  term  of 
each  decennial  period ; when  such  fraction  is  two-fifths  of  the  ratio,  it 
shall  be  entitled  to  an  additional  representative  in  the  fourth  and  fifth 
terms  of  said  period;  when  the  fraction  is  three-fifths  of  the  ratio,  it 
shall  be  entitled  to  an  additional  representative  in  the  first,  second  and 
third  terms,  respectively;  when  a fraction  is  four-fifths  of  the  ratio,  it 
shall  be  entitled  to  an  additional  representative  in  the  first,  second,  third 
and  fourth  terms,  respectively. — III.  (1870),  Art.  4. 

Sec.  4.  The  general  assembly  shall,  at  its  second  session  after  the 
adoption  of  this  constitution,  and  every  sixth  year  thereafter,  cause  an 
enumeration  to  be  made  of  all  the  male  inhabitants  over  the  age  of 
twenty-one  years. — Ind.  (1851),  Art.  4. 

Sec.  5.  The  number  of  senators  and  representatives  shall,  at  the  ses- 
sion next  following  each  period  of  making  such  enumeration,  be  fixed  by 
law,  and  apportioned  among  the  several  counties,  according  to  the  num- 
ber of  male  inhabitants,  above  twenty-one  years  of  age,  in  each : Pro- 

vided, That  the  first  and  second  elections  of  members  of  the  general  as- 
sembly, under  this  constitution,  shall  be  according  to  the  apportionment 
last  made  bv  the  general  assembly  before  the  adoption  of  this  constitution. 
— Ind.  (1851),  Art.  4. 

Sec.  33.  The  general  assembly  shall,  in  the  years  one  thousand  eight 
hundred  and  fifty-nine,  one  thousand  eight  hundred  and  sixty-three,  one 
thousand  eight  hundred  and  sixty-five,  one  thousand  eight  hundred  and 
sixty-seven,  one  thousand  eight  hundred  and  sixty-nine,  and  one  thousand 
eight  hundred  and  seventy-five  and  every  ten  years  thereafter,  cause  an 


36 


enumeration  to  be  made  of  all  the  inhabitants  of  the  state. — Ioica  (1857), 
Art.  3 (Arndt.  1S68). 

Sec.  36.  The  general  assembly  shall,  at  the  first  regular  session  held 
following  the  adoption  of  this  amendment,  and  at  each  succeeding  regular 
session  held  next  after  the  taking  of  such  census,  fix  the  ratio  of  repre- 
sentation, and  apportion  the  additional  representatives,  as  herein  before 
required. — Iowa  (1857),  Art.  3 (Arndt.  1868). 

Sec.  26.  The  legislature  shall  provide  for  taking  an  enumeration  of 
the  inhabitants  of  the  state  at  least  once  in  ten  years.  The  first  enumera- 
tion shall  be  taken  in  A.  D.  1865. — Kan.  (1859),  Art.  2. 

Sec.  1.  In  the  future  apportionments  of  the  state,  each  organized 
county  shall  have  at  least  one  representative;  and  each  county  shall  be 
divided  into  as  many  districts  as  it  has  representatives. — Kan.  (1859), 
Art.  10. 

Sec.  2.  It  shall  be  the  duty  of  the  first  legislature  to  make  an  appor- 
tionment, based  upon  the  census  ordered  by  the  last  legislative  assembly 
of.  the  territory;  and  a new  apportionment  shall  be  made  in  the  year 
1866,  and  every  five  years  thereafter,  based  upon  the  census  of  the  preced- 
ing year. — Kan.  (1859),  Art.  10. 

# 

Sec.  33.  The  first  general  assembly  after  the  adoption  of  this  con- 
stitution shall  divide  the  state  into  thirty-eight  senatorial  districts,  and 
one  hundred  representative  districts,  as  nearly  equal  in  population  as 
may  be  without  dividing  any  county,  except  where  a county  may  include 
more  than  one  district,  which  districts  shall  constitute  the  senatorial 
and  representative  districts  for  ten  years.  Not  more  than  two  counties 
shall  be  joined  together  to  form  a representative  district:  Provided,  In 
doing  so  the  principle  requiring  every  district  to  be  as  nearly  equal  in 
population  as  may  be  shall  not  be  violated.  At  the  expiration  of  that 
time,  the  general  assembly  shall  then,  and  every  ten  years  thereafter, 
re-district  the  state  according  to  this  rule,  and  for  the  purposes  expressed 
in  this  section.  If,  in  making  said  districts,  inequality  of  population 
should  be  unavoidable,  any  advantage  resulting  therefrom  shall  be  given 
to  districts  having  the  largest  territory.  No  part  of  a county  shall  be 
added  to  another  county  to  make  a district,  and  the  counties  forming  a 
district  shall  be  contiguous. — Ky.  (1891),  Sec.  33. 

Art.  18.  Representation  in  the  house  of  representatives  shall  be  equal 
and  uniform  and  shall  be  based  upon  population.  Each  parish  and  each 
ward  of  the  city  of  New  Orleans  shall  have  at  least  one  representative. 
At  its  first  regular  session  after  the  United  States  census  of  1900,  and 
after  each  census  thereafter,  the  general  assembly  shall,  and  it  is  hereby 
directed  to  apportion  the  representation  among  the  several  parishes  and 
representative  districts  on  the  basis  of  the  total  population  shown  by 
such  census.  A representative  number  shall  be  fixed,  and  each'  parish 
and  representative  district  shall  have  as  many  representatives  as  such 
representative  number  is  contained  in  the  total  number  of  the  inhabitants 
of  such  parish  or  representative  district  and  one  additional  representative 


37 


for  every  fraction  exceeding  one-half  the  representative  number.  The 
number  of  representatives  shall  not  be  more  than  one  hundred  and  sixteen 
nor  less  than  ninety-eight. — La.  (1898),  Art.  18. 

Sec.  3.  Each  town  having  fifteen  hundred  inhabitants  may  elect  one 
representative;  each  town  having  three  thousand  seven  hundred  and 
fifty  may  elect  two;  each  town  having  six  thousand  seven  hundred  and 
fifty  may  elect  three;  each  town  having  ten  thousand  five  hundred  may 
elect  four;  each  town  having  fifteen  thousand  may  elect  five;  each  town 
having  twenty  thousand  two  hundred  and  fifty  may  elect  six;  each  town 
having  twenty-six  thousand  two  hundred  and  fifty  may  elect  seven;  but 
no  town  shall  ever  be  entitled  to  more  than  seven  representatives;  and 
towns  and  plantations  duly  organized,  not  having  fifteen  hundred  inhabi- 
tants, shall  be  classed,  as  conveniently  as  may  be,  into  districts  contain- 
ing that  number,  and  so  as  not  to  divide  towns  ; and  each  such  district 
may  elect  one  representative ; and,  when  on  this  apportionment  the 
number  of  representatives  shall  be  two  hundred,  a different  apportion- 
ment shall  take  place  upon  the  above  principle;  and,  in  case  the  fifteen 
hundred  shall  be  too  large  or  too  small  to  apportion  all  the  representa- 
tives to  any  county,  it  shall  be  so  increased  or  diminished  as  to  give  the 
number  of  representatives  according  to  the  above  rule  and  proportion; 
and  whenever  any  town  or  towns,  plantation  or  plantations  not  entitled 
to  elect  a representative  shall  determine  against  a classification  with  any 
other  town  or  plantation,  the  legislature  may,  at  each  apportionment  of 
representatives,  on  the  application  of  such  town  or  plantation,  authorize 
it  to  elect  a representative  for  such  portion  of  time  and  such  periods,  as 
shall  be  equal  to  its  portion  of  representation;  and  the  right  of  repre- 
sentation, so  established,  shall  not  be  altered  until  the  next  general 
apportionment. — Me.  (1819),  Art.  4,  Part  1. 

Sec.  2.  The  legislature,  which  shall  be  first  convened  under  this  con- 
stitution, shall,  on  or  before  the  fifteenth  day  of  August  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  twenty-one,  and  the  legis- 
lature at  every  subsequent  period  of  ten  years,  cause  the  state  to  be  di- 
vided into  districts  for  the  choice  of  senators.  The  districts  shall  con- 
form, as  near  as  may  be,  to  county  lines,  and  be  apportioned  according 
to  the  number  of  inhabitants.  The  number  of  senators  shall  not  exceed 
twenty  at  the  first  apportionment,  and  shall  at  each  apportionment  be 
increased,  until  they  shall  amount  to  thirty-one,  according  to  the  increase 
in  the  house  of  representatives, — Me.  (1819),  Art.  4,  Part  2. 

Sec.  16.  The  legislature  may  by  law  authorize  the  dividing  of  towns 
having  not  less  than  four  thousand  inhabitants,  or  having  voters  residing 
on  any  island  within  the  limits  thereof,  into  voting  districts  for  the  elec- 
tion of  representatives  to  the  legislature,  and  prescribe  the  manner  in 
which  the  votes  shall  be  received,  counted,  and  the  result  of  the  election 
declared. — Me.  (1819),  Art.  9. 

Sec.  2.  The  city  of  Baltimore  shall  be  divided  into  four  legislative 
districts,  as  near  as  may  be,  of  equal  population  and  of  contiguous  ter- 
ritory, and  each  of  said  legislative  districts  of  Baltimore  city,  as  they 
may  from  time  to  time  be  laid  out,  in  accordance  with  the  provisions 


38 


hereof,  and  each  county  in  the  state  shall  be  entitled  to  one  senator, 
who  shall  be  elected  by  the  qualified  voters  of  the  said  legislative  districts 
of  Baltimore  city,  and  of  the  counties  of  the  state,  respectively,  and 
shall  serve  for  four  years  from  the  date  of  his  election,  subject  to  the 
classification  of  senators  hereafter  provided  for. — Md.  (1867),  Art.  3 
(Arndt.  1901). 

Sec.  4.  As  soon  as  may  be,  after  the  taking  and  publishing  of  the 
national  census  of  1900,  or  after  the  enumeration  of  the  population  of 
this  state,  under  the  authority  thereof,  there  shall  be  an  apportionment 
of  representation  in  the  house  of  delegates,  to  be  made  on  the  following 
basis,  to  wit:  Each  of  the  several  counties  of  the  state,  having  a popu- 
lation of  eighteen  thousand  souls  or  less,  shall  be  entitled  to  two  dele- 
gates; and  every  county  having  a population  of  over  eighteen  thousand 
and  less  than  twenty-eight  thousand  souls,  shall  be  entitled  to  three 
delegates;  and  every  county  having  a population  of  twenty-eight 

thousand  and  less  than  forty  thousand  souls,  shall  be  entitled 
to  four  delegates;  and  every  county  having  a population  of  forty 

thousand  and  less  than  fifty-five  thousand  souls,  shall  be  entitled 
to  five  delegates;  and  every  county  having  a population  of  fifty- 

five  thousand  souls  and  upwards,  shall  be  entitled  to  six  delegates  and 

no  more;  and  each  of  the  legislative  districts  of  the  city  of  Baltimore 
shall  be  entitled  to  the  number  of  delegates  to  which  the  largest  county 
shall  or  may  be  entitled  under  the  foregoing  apportionment,  and  the  gen- 
eral assembly  shall  have  the  power  to  provide  by  law,  from  time  to 
time,  for  altering  and  changing  the  boundaries  of  the  existing  legislative 
districts  of  the  city  of  Baltimore,  so  as  to  make  them  as  near  as  may 
be  of  equal  population;  but  said  district  shall  always  consist  of  con- 
tiguous territory. — Md.  (1867),  Art.  3 {Arndt.  1901). 

Sec.  5.  Immediately  after  the  taking  and  publishing  of  the  next 
national  census,  or  after  any  state  enumeration  of  population,  as  afore- 
said, it  shall  be  the  duty  of  the  governor,  then  being,  to  arrange  the  rep- 
resentation in  said  house  of  delegates  in  accordance  with  the  apportion- 
ment herein  provided  for;  and  to  declare,  by  proclamation,  the  number 
of  delegates  to  which  each  county  and  the  city  of  Baltimore  may  be  en- 
titled under  such  apportionment;  and  after  every  national  census  taken 
thereafter,  or  after  any  state  enumeration  of  population  thereafter  made, 
it  shall  be  the  duty  of  the  governor  for  the  time  being  to  make  similar 
adjustments  of  representation,  and  to  declare  the  same  by  proclamation, 
as  aforesaid. — Md.  (1867),  Art.  3. 

Sec.  23.  The  legislature  shall  provide  by  law  for  an  enumeration  of 
the  inhabitants  of  this  state  in  the  year  one  thousand  eight  hundred 
and  sixty -five,  and  every  tenth  year  thereafter.  At  their  first  session 
after  each  enumeration  so  made,  and  also  at  their  first  session  after 
each  enumeration  made  by  the  authority  of  the  United  States,  the  legis- 
lature shall  have  the  power  to  prescribe  the  bounds  of  congressional, 
senatorial  and  representative  districts,  and  to  apportion  anew  the  sena- 
tors and  representatives  among  the  several  districts  according  to  the 
provisions  of  section  second  of  this  article. — Minn.  (1857),  Art.  4. 


39 


Sec.  105.  The  legislature  shall  provide  for  the  enumeration  of  the 
whole  number  of  inhabitants,  and  the  qualified  electors  of  the  state, 
once  in  every  ten  years ; and  the  first  enumeration  shall  be  made  during 
the  two  months  beginning  on  the  first  Monday  of  June,  1895,  and  the 
legislature  shall  provide  for  the  same  by  law. — Miss.  (1890),  Art.  4. 

Sec.  3.  When  any  county  shall  be  entitled  to  more  than  one  represen- 
tative, the  county  court  shall  cause  such  county  to  be  subdivided  into 
districts  of  compact  and  contiguous  territory,  corresponding  in  number 
to  the  representatives  to  which  such  county  is  entitled,  and  in  population 
as  nearly  equal  as  may  be,  in  each  of  which  the  qualified  voters  shall  elect 
one  representative,  who  shall  be  a resident  of  such  district:  Provided , 
That  when  any  county  shall  be  entitled  to  more  than  ten  representatives, 
the  circuit  court  shall  cause  such  county  to  be  subdivided  into  districts, 
so  as  to  give  each  district  not  less  than  two  nor  more  than  four  repre- 
sentatives, who  shall  be  residents  of  such  district — the  population  of 
the  districts  to  be  apportioned  to  the  number  of  representatives  to  be 
elected  therefrom. — Mo.  (1875),  Art.  4. 

Sec.  7.  Senators  and  representatives  shall  be  chosen  according  to  the 
rule  of  apportionment  established  in  this  constitution,  until  the  next  de- 
cennial census  by  the  United  States  shall  have  been  taken,  and  the  result 
thereof  as  to  this  state  ascertained,  when  the  apportionment  shall  be 
revised  and  adjusted  on  the  basis  of  that  census,  and  every  ten  years 
thereafter  upon  the  basis  of  the  United  States  census;  or  if  such  census 
be  not  taken,  or  is  delayed,  then  on  the  basis  of  a state  census;  such 
apportionment  to  be  made  at  the  first  session  of  the  general  assembly 
after  each  census : Provided , That  if  at  any  time,  or  from  any  cause,  the 

general  assembly  shall  fail  or  refuse  to  district  the  state  for  senators, 
as  required  in  this  section,  it  shall  be  the  duty  of  the  governor,  secretary 
of  state  and  attorney-general,  within  thirty  days  after  the  adjournment 
of  the  general  assembly  on  which  such  duty  devolved,  to  perform  said 
duty,  and  to  file  in  the  office  of  the  secretary  of  state  a full  statement 
of  the  districts  formed  by  them,  including  the  names  of  the  counties  em- 
braced in  each  district,  and  the  numbers  thereof;  said  statement  to  be 
signed  by  them,  and  attested  by  the  great  seal  of  the  state,  and  upon 
the  proclamation  of  the  governor,  the  same  shall  be  as  binding  and 
effectual  as  if  done  by  the  general  assembly. — Mo.  (1875),  Art.  4. 

Sec.  2.  The  legislative  assembly  shall  provide  by  law  for  an  enumer- 
ation of  the  inhabitants  of  the  state  in  the  year  1895  and  every  tenth  year 
thereafter ; and  at  the  session  next  following  such  enumeration,  and  also 
at  the  session  next  following  an  enumeration  made  by  the  authority 
of  the  United  States,  shall  revise  and  adjust  the  apportionment  for  repre- 
sentatives on  the  basis  of  such  enumeration  according  to  ratios  to,  be 
fixed  by  law. — Mont.  (1889),  Art.  6. 

Sec.  3.  Representative  districts  may  be  altered  from  time  to  time  as 
public  convenience  may  require.  When  a representative  district  shall  be 
composed  of  two  or  more  counties,  they  shall  be  contiguous,  and  the 
districts  as  compact  as  may  be.  No  county  shall  be  divided  in  the  forma- 
tion of  representative  districts. — Mont.  (1889),  Art.  6. 


Sec.  2.  The  legislature  shall  provide  by  law  for  an  enumeration  of  the 
inhabitants  of  the  state  in  the  year  eighteen  hundred  and  eighty-five  and 
every  ten  years  thereafter;  and  at  its  first  regular  session  after  each 
enumeration,  and  also  after  each  enumeration  made  by  the  authority  of 
the  United  States,  but  at  no  other  time,  the  legislature  shall  apportion 
the  senators  and  representatives  according  to  the  number  of  inhabitants* 
excluding  Indians  not  taxed,  and  soldiers  and  officers  of  the  United 
States  army  and  navy. — Neb.  (1875),  Art.  3. 

Sec.  13.  Representation  shall  be  apportioned  according  to  population. 
— Nev.  (1864),  Art.  1. 

Sec.  13.  The  enumeration  of  the  inhabitants  of  this  state  shall  be 
taken,  under  the  direction  of  the  legislature,  if  deemed  necessary,  in  A.  D. 
eighteen  hundred  and  sixty-five,  A.  D.  eighteen  hundred  and  sixty-seven, 
A.  D.  eighteen  hundred  and  seventy-five,  and  every  ten  years  thereafter; 
and  these  enumerations,  together  with  the  census  that  may  be  taken 
under  the  direction  of  the  congress  of  the  United  Staes  in  A.  D.  eighteen 
hundred  and  seventy,  and  every  subsequent  ten  years,  shall  serve  as  the 
basis  of  representation  in  both  houses  of  the  legislature. — Nev.  (1864) r 
Art.  15. 


Art.  9.  There  shall  be,  in  the  legislature  of  the  state,  a representation 
of  the  people,  biennially  elected,  and  founded  upon  the  principles  of 
equality;  and,  in  order  that  such  representation  may  be  as  equal  as 
circumstances  will  admit,  every  town,  or  place  entitled  to  town  privil- 
eges, and  wards  of  cities  having  six  hundred  inhabitants  by  the  last  gen- 
eral census  of  the  state,  taken  by  authority  of  the  United  States  or  of 
this  state,  may  elect  one  representative ; if  eighteen  hundred  such  inhab- 
itants, may  elect  two  representatives ; and  so  proceeding  in  that  propor- 
tion, making  twelve  hundred  such  inhabitants  the  mean  increasing  num- 
ber for  any  additional  representative : Provided , That  no  town  shall  be 

divided  or  the  boundaries  of  the  wards  of  any  city  so  altered  as  to  in- 
crease the  number  of  representatives  to  which  such  town  or  city  may  be 
entitled  by  the  next  preceding  census:  And , provided,  further , That  to 

those  towns  and  cities  which  since  the  last  census  have  been  divided 
or  had  their  boundaries  or  ward  lines  changed,  the  general  court,  in  ses- 
sion next  before  these  amendments  shall  take  effect,  shall  equitably  ap- 
portion representation  in  such  manner  that  the  number  shall  not  be 
greater  than  it  would  have  been  had  no  such  division  or  alteration  been 
made. — N.  H Part  2,  Art.  9. 

Art.  10.  Whenever  any  town,  place,  or  city  ward  shall  have  less  than 
six  hundred  such  inhabitants,  the  general  court  shall  authorize  such  town, 
place,  or  ward  to  elect  and  send  to  the  general  court  a representative 
such  proportionate  part  of  the  time  as  the  number  of  its  inhabitants 
shall  bear  to  six  hundred ; but  the  general  court  shall  not  authorize  any 
such  town,  place,  or  ward  to  elect  and  send  such  representative,  except 
as  herein  provided. — N.  H.,  Part.  2,  Art.  10. 

Art.  25.  And,  that  the  state  may  be  equally  represented  in  the  senate, 
the  legislature  shall,  from  time  to  time,  divide  the  state  into  twenty-four 


41 


districts,  as  nearly  equal  as  may  be  without  dividing  towns  and  unincor- 
porated places;  and,  in  making  this  division,  they  shall  govern  themselves 
by  the  proportion  of  direct  taxes  paid  by  the  said  districts,  and  timely 
make  known  to  the  inhabitants  of  the  state  the  limits  of  each  district. — 
N.  H.,  Part  2,  Art.  25. 


Sec.  4.  An  enumeration  of  the  inhabitants  of  the  state  shall  be  taken 
under  the  direction  of  the  secretary  of  state,  during  the  months  of  May 
and  June,  in  the  year  one  thousand  nine  hundred  and  five,  and  in  the 
same  months  every  tenth  year  thereafter ; and  the  said  districts  shall  be  so 
altered  by  the  legislature  at  the  first  regular  session  after  the  return  of 
every  enumeration  that  each  senate  district  shall  contain  as  nearly  as 
may  be  an  equal  number  of  inhabitants,  excluding  aliens,  and  be  in  as 
compact  form  as  practicable,  and  shall  remain  unaltered  until  the  return 
of  another  enumeration,  and  shall  at  all  times  consist  of  contiguous  ter- 
ritory, and  no  county  shall  be  divided  in  the  formation  of  a senate  dis- 
trict except  to  make  two  or  more  senate  districts  wholly  in  such  county. 
No  town,  and  no  block  in  a city  inclosed  by  streets  or  public  ways,  shall 
be  divided  in  the  formation  of  senate  districts ; nor  shall  any  district  con- 
tain a greater  excess  in  population  over  an  adjoining  district  in  the  same 
county,  than  one  population  of  a town  or  block  therein  adjoining  such 
district.  Counties,  towns  or  blocks  which,  from  their  location,  may  be 
included  in  either  of  two  districts,  shall  be  so  placed  as  to  make  said 
districts  most  nearly  equal  in  number  of  inhabitants,  excluding  aliens. 

No  county  shall  have  four  or  more  senators  unless  it  shall  have  a full 
ratio  for  each  senator.  No  county  shall  have  more  than  one-third  of  all 
the  senators ; and  no  two  counties  or  the  territory  thereof  as  now 
organized,  which  are  adjoining  counties,  or  which  are  separated  only  by 
public  waters,  shall  have  more  than  one-half  of  all  the  senators. 

The  ratio  for  apportioning  senators  shall  always  be  obtained  by  divid- 
ing the  number  of  inhabitants,  excluding  aliens,  by  fifty,  and  the  senate 
shall  always  be  composed  of  fifty  members,  except  that  if  any  county 
having  three  or  more  senators  at  the  time  of  any  apportionment  shall  be 
entitled  on  such  ratio  to  an  additional  senator  or  senators,  such  ad- 
ditional senator  or  senators  shall  be  given  to  such  county  in  addition  to 
the  fifty  senators,  and  the  whole  number  of  senators  shall  be  increased 
to  that  extent. — N.  Y.  (1894),  Art.  3. 

2.  The  population  of  the  townships  in  the  several  counties  of  the 
state  and  of  the  several  wrards  shall  be  ascertained  by  the  last  preceding 
census  of  the  United  States,  until  the  legislature  shall  provide,  by  law, 
some  other  mode  of  ascertaining  it. — N.  J.  (1844),  Art.  6,  Sec.  7,  Cl.  2. 

Sec.  4.  The  senate  districts  shall  be  so  altered  by  the  general  assembly, 
at  the  first  session  after  the  return  of  every  enumeration  by  order  of 
congress,  that  each  senate  district  shall  contain,  as  near  as  may  be,  an 
equal  number  of  inhabitants,  excluding  aliens  and  Indians  not  taxed, 
and  shall  remain  unaltered  until  the  return  of  another  enumeration,  and 
shall  at  all  times  consist  of  contiguous  territory;  and  no  county  shall 
be  divided  in  the  formation  of  a senate  district,  unless  such  county  shall 
be  equitably  entitled  to  two  or  more  senators. — N.  C.  (1875),  Art.  2. 

6 — Legislative  Dept. 


42 


Sec.  6.  In  making  the  apportionment  in  the  house  of  representatives, 
the  ratio  of  representation  shall  be  ascertained  by  dividing  the  amount 
of  the  population  of  the  state,  exclusive  of  that  comprehended  within 
those  counties,  which  do  not  severally  contain  the  one  hundred  and 
twentieth  part  of  the  population  of  the  state,  by  the  number  of  represen- 
tatives, less  the  number  assigned  to  such  counties;  and  in  ascertaining 
the  number  of  the  population  of  the  state,  aliens  and  Indians  not  taxed 
shall  not  be  included.  To  each  county  containing  the  said  ratio  and  not 
twice  the  said  ratio,  there  shall  be  assigned  one  representative;  to  each 
county  containing  two  but  not  three  times  the  said  ratio,  there  shall 
be  assigned  two  representatives,  and  so  on  progressively,  and  then  the 
remaining  representatives  shall  be  assigned  severally  to  the  counties 
having  the  largest  fraction. — X.  C.  (1875),  Art.  2. 

Sec.  20.  The  legislative  assembly  shall  fix  the  number  of  senators, 
and  divide  the  state  into  as  many  senatorial  districts  as  there  are  sena- 
tors, which  districts  as  nearly  as  may  be,  shall  be  equal  to  each  other  in 
the  number  of  inhabitants  entitled  to  representation.  Each  district 
shall  be  entitled  to  one  senator  and  no  more,  and  shall  be  composed  of 
compact  and  contiguous  territory;  and  no  portion  of  any  county  shall 
be  attached  to  any  other  county,  or  part  thereof,  so  as  to  form  a district. 
The  districts  as  thus  ascertained  and  determined  shall  continue  until 
changed  by  law. — X.  Dale.  (1889),  Art.  2. 

Sec.  20.  The  senatorial  districts  shall  be  numbered  consecutively 
from  one  upwards,  according  to  the  number  of  districts  prescribed,  and 
the  senators  shall  be  divided  into  two  classes.  Those  elected  in  the  dis- 
tricts designated  by  even  numbers  shall  constitute  one  class,  and  those 
elected  in  districts  designated  by  odd  numbers  shall  constitute  the  other 
class.  The  senators  of  one  class  elected  in  the  year  1890  shall  hold  their 
office  for  two  years,  those  of  the  other  class  shall  hold  their  office  four 
years,  and  the  determination  of  the  two  classes  shall  be  by  lot,  so  that 
one-half  of  the  senators,  as  nearlv  as  practicable,  may  be  elected  bi- 
ennially.— N.  Dale.  (1889)  ,,  Art.  2.' 

Sec.  35.  The  members  of  the  house  of  representatives  shall  be  appor- 
tioned to  and  elected  at  large  from  each  senatorial  district.  The  legis- 
lative assembly  shall,  in  the  year  1895,  and  every  tenth  year,  cause  an 
enumeration  to  be  made  of  all  the  inhabitants  of  this  state,  and  shall 
at  its  first  regular  session  after  each  enumeration,  and  also  after  each 
federal  census,  proceed  to  fix  by  law  the  number  of  senators,  which 
shall  constitute  the  senate  of  North  Dakota,  and  the  number  of  repre- 
sentatives which  shall  constitute  the  house  of  representatives  of  North 
Dakota,  within  the  limits  prescribed  by  this  constitution  and  j\t  the  same 
session  shall  proceed  to  reapportion  the  state  into  senatorial  districts, 
as  prescribed  by  this  constitution,  and  to  fix  the  number  of  members  of 
the  house  of  representatives  to  be  elected  from  the  several  senatorial  dis- 
tricts: Provided , That  the  legislative  assembly  may  at  any  regular  ses- 
sion, redistrict  the  state  into  senatorial  districts,  and  apportion  the 
senators  and  representatives  respectively. — N.  Dak.  (1889),  Art.  2. 

Sec.  1.  The  apportionment  of  this  state  for  members  of  the  general 


43 


assembly  shall  be  made  every  ten  years,  after  the  year  one  thousand 
eight  hundred  and  fifty-one,  in  the  following  manner:  The  whole  popu- 

lation of  the  state,  as  ascertained  by  the  federal  census,  or  in  such  other 
mode  as  the  general  assembly  may  direct,  shall  be  divided  by  the  number 
“one  hundred,”  and  the  quotient  shall  be  the  ratio  of  representation  in 
the  house  of  representatives,  for  ten  years  next  succeeding  such  appor- 
tionment.— Ohio  (1851),  Art.  11. 

Sec.  2.  Every  county  having  a population  equal  to  one-half  of  said 
ratio,  shall  be  entitled  to  one  representative;  every  county,  containing 
said  ratio,  and  three-fourths  over,  shall  be  entitled  to  two  representatives ; 
every  county,  containing  three  times  said  ratio,  shall  be  entitled  to  three 
representatives;  and  so  on,  requiring  after  the  first  two,  an  entire  ratio 
for  each  additional  representative. — Ohio  (1851),  Art.  11. 

Sec.  3.  When  any  county  shall  have  a fraction  above  the  ratio,  so 
large,  that  being  multiplied  by  five  the  result  will  be  equal  to  one  or  more 
ratios,  additional  representatives  shall  be  apportioned  for  such  ratios, 
among  the  several  sessions  of  the  decennial  period,  in  the  following 
manner : If  there  be  only  one  ratio,  a representative  shall  be  allotted  to 
the  fifth  session  of  the  decennial  period;  if  there  are  two  ratios,  a repre- 
sentative shall  be  allotted  to  the  fourth  and  third  session,  respectively; 
if  three,  to  the  third,  second,  and  first  sessions,  respectively;  if  four, 
to  the  fourth,  third,  second,  and  first  sessions,  respectively. — Ohio 
(1851),  Art.  11. 

Sec.  4.  Any  county,  forming  with  another  county  or  counties,  a rep- 
resentative district,  during  one  decennial  period,  if  it  have  acquired  suf- 
ficient population  at  the  next  decennial  period,  shall  be  entitled  to  a 
separate  representation,  if  there  shall  be  left,  in  the  district  from  which 
it  shall  have  been  separated,  a population  sufficient  for  a representative; 
but  no  such  change  shall  be  made,  except  at  the  regular  decennial  period 
for  the  apportionment  of  representatives. — Ohio  (1851),  Art.  11. 

Sec.  5.  If,  in  fixing  any  subsequent  ratio,  a county,  previously  en- 
titled to  a seperate  representation,  shall  have  less  than  the  number  re- 
quired by  the  new  ratio  for  a representative,  such  county  shall  be  at- 
tached to  the  county  adjoining  it,  having  the  least  number  of  inhabi- 
tants; and  the  representation  of  the  district,  so  formed,  shall  be  deter- 
mined as  herein  provided. — Ohio  (1857),  Art.  11. 

Sec.  10.  For  the  first  ten  years  after  the  year  one  thousand  eight 
hundred  and  fifty-one,  the  apportionment  of  representatives  shall  be  as 
provided  in  the  schedule,  and  no  change  shall  ever  be  made  in  the  prin- 
ciples of  representation,  as  herein  established,  or,  in  the  senatorial  dis- 
tricts, except  as  above  provided.  All  territory,  belonging  to  a county 
at  the  time  of  any  apportionment,  shall,  as  to  the  right  of  representa- 
tion and  suffrage,  remain  an  integral  part  thereof,  during  the  decennial 
period. — Ohio  (1851),  Art.  11. 

Sec.  11.  The  governor,  auditor,  and  secretary  of  state,  or  any  two  of 
them,  shall,  at  least  six  months  prior  to  the  October  election,  in  the  year 


44 


one  thousand  eight  hundred  and  sixty-one,  and,  at  each  decennial  period 
thereafter,  ascertain  and  determine  the  ratio  of  representation,  accord- 
ing to  the  decennial  census,  the  number  of  representatives  and  senators 
each  county  or  district  shall  be  entitled  to  elect,  and  for  what  years, 
within  the  next  ensuing  ten  years,  and  the  governor  shall  cause  the  same 
to  be  published,  in  such  manner  as  shall  be  directed  by  law. — Ohio 
(1851),  Art . 11. 

Sec.  13.  The  general  assembly  shall  attach  any  new  counties,  that 
may  hereafter  be  erected,  to  such  districts  or  subdivisions  thereof  as 
shall  be  most  convenient. — Ohio  (1851),  Art.  11. 

Sec.  5.  The  legislative  assembly  shall,  in  the  year  eighteen  hundred 
and  sixty-five,  and  every  ten  years  after,  cause  an  enumeration  to  be 
made  of  all  the  white  population  of  the  state. — Ore.  (1857),  Art.  4. 

Sec.  6.  The  number  of  senators  and  representatives  shall,  at  the 
session  next  following  an  enumeration  of  the  inhabitants  by  the  United 
States  or  this  state,  be  fixed  by  law,  and  apportioned  among  the  several 
counties  according  to  the  number  of  white  population  in  each.  And 
the  ratio  of  senators  and  representatives  shall  be  determined  by  dividing 
the  whole  number  of  white  population  of  such  county  or  district,  by  such 
respective  ratios;  and  when  a fraction  shall  result  from  such  division, 
which  shall  exceed  one-half  of  such  ratio,  such  county  or  district  shall 
be  entitled  to  a member  for  such  fraction.  And  in  case  any  county  shall 
not  have  the  requisite  population  to  entitle  such  county  to  a member, 
then  such  county  shall  be  attached  to  some  adjoining  county  for  sena- 
torial or  representative  purposes. — Ore.  (1857),  Art.  4. 

Sec.  17.  The  members  of  the  house  of  representatives  shall  be  appor- 
tioned among  the  several  counties,  on  a ratio  obtained  by  dividing  the 
population  of  the  state,  as  ascertained  by  the  most  recent  United 
States  census,  by  two  hundred.  Every  county  containing  less  than  five 
ratios  shall  have  one  representative  for  every  full  ratio,  and  an  ad- 
ditional representative  when  the  surplus  exceeds  half  a ratio;  but  each 
county  shall  have  at  least  one  representative.  Every  county  containing 
five  ratios  or  more  shall  have  one  representative  for  every  full  ratio. 
Every  city  containing  a population  equal  to  a ratio  shall  elect  separately 
its  proportion  of  the  representatives  allotted  to  the  county  in  which  it  is 
located.  Every  city  entitled  to  more  than  four  representatives,  and  every 
county  having  over  one  hundred  thousand  inhabitants  shall  be  divided 
into  districts  of  compact  and  contiguous  territory,  each  district  to  elect 
its  proportion  of  representatives  according  to  its  population,  but  no 
district  shall  elect  more  than  four  representatives. — Pa.  (1873),  Art.  2. 

Sec.  18.  The  general  assembly  at  its  first  session  after  the  adoption  of 
this  constitution,  and  immediately  after  each  United  States  decennial 
census,  shall  apportion  the  state  into  senatorial  and  representative  dis- 
tricts, agreeably  to  the  provisions  of  the  two  next  preceding  sections. — 
Pa.  (1873),  Art.  2. 

Sec.  2.  Representation  in  the  house  of  representatives  shall  be  ap- 
portioned according  to  population. — S.  C.  (1895),  Art.  1. 


45 


Sec.  4.  In  assigning  representatives  to  the  several  counties,  the  gen- 
eral assembly  shall  allow  one  representative  to  every  one  hundred  and 
twenty-fourth  part  of  the  whole  number  of  inhabitants  in  the  state: 
Provided , That  if  in  the  apportionment  of  representatives  any  county 
shall  appear  not  to  be  entitled,  from  its  population,  to  a representative, 
such  county  shall,  nevertheless,  send  one  representative;  and  if  there  be 
still  a deficiency  in  the  number  of  representatives  required  by  section 
third  of  this  article,  such  deficiency  shall  be  supplied  by  assigning  rep- 
resentatives to  those  counties  having  the  largest  surplus  fractions. — 
8.  C.  (1895),  Art.  3. 

Sec.  5.  No  apportionment  of  representatives  shall  take  effect  until 
the  general  election  which  shall  succeed  such  apportionment. — 8.  C. 
(1895),  Art.  3. 

Sec.  5.  The  legislature  shall  provide  by  law  for  the  enumeration  of 
the  inhabitants  of  the  state  in  the  year  one  thousand  eight  hundred  and 
ninety-five  and  every  ten  years  thereafter;  and  after  its  first  regular 
session,  after  each  enumeration  and  also  after  each  enumeration  made 
by  authority  of  the  United  States,  but  at  no  other  time,  the  legislature 
shall  apportion  the  senators  and  representatives  according  to  the  num- 
ber of  inhabitants,  excluding  Indians,  not  taxed,  and  soldiers  and  of- 
ficers of  the  United  States  army  and  navy:  Provided , That  the  legis- 

lature may  make  an  apportionment  at  its  first  session  after  the  admis- 
sion of  South  Dakota  as  a state. — 8.  D.  (1889),  Art.  3. 

Sec.  4.  An  enumeration  of  the  qualified  voters,  and  an  apportion- 
ment of  the  representatives  in  the  general  assembly,  shall  be  made  in 
the  year  one  thousand  eight  hundred  and  seventy-one,  and  within  every 
subsequent  term  of  ten  years. — Tenn.  (1870),  Art.  2. 

Sec.  5.  The  number  of  representatives  shall,  at  the  several  periods 
of  making  the  enumeration,  be  apportioned  among  the  several  counties  or 
districts,  according  to  the  number  of  qualified  voters  in  each;  and  shall 
not  exceed  seventy-five  until  the  population  of  the  state  shall  be  one 
million  and  a half,  and  shall  never  (“thereafter”  in  constitution  of 
1834)  exceed  ninety-nine:  Provided , That  any  county  having  two-thirds 
of  the  ratio  shall  be  entitled  to  one  member. — Tenn.  (1870),  Art.  2. 

Sec.  6.  The  number  of  senators  shall,  at  the  several  periods  of  mak- 
ing the  enumeration,  be  apportioned  among  the  several  counties  or  dis- 
tricts, according  to  the  number  of  qualified  voters  in  each,  and  shall  not 
exceed  one-third  the  number  of  representatives.  In  apportioning  the 
senators  among  the  different  counties  the  fraction  that  may  be  lost  by 
any  county  or  counties,  in  the  apportionment  of  members  to  the  house 
of  representatives,  shall  be  made  up  to  such  county  or  counties  in  the 
senate,  as  near  as  may  be  practicable.  When  a district  is  composed  of 
two  or  more  counties,  they  shall  be  adjoining;  and  no  county  shall  be 
divided  in  forming  a district. — Tenn.  (1870),  Art.  2. 

Sec.  26.  The  members  of  the  house  of  representatives  shall  be  appor- 
tioned among  the  several  counties,  according  to  the  number  of  population 


46 


in  each,  as  nearly  as  may  be,  on  a ratio  obtained  by  diyiding  the  popula- 
tion of  the  state,  as  ascertained  by  the  most  recent  United  States  census, 
by  the  number  of  members  of  which  the  house  is  composed : Provided , 
That  whenever  a single  county  has  sufficient  population  to  be  entitled  to 
a representative,  such  county  shall  be  formed  into  a separate  represen- 
tative district,  and  when  two  or  more  counties  are  required  to  make  up 
the  ratio  of  representation,  such  counties  shall  be  contiguous  to  each 
other ; and  when  any  one  county  has  more  than  sufficient  population  to 
be  entitled  to  one  or  more  representatives,  such  representative  or  repre- 
sentatives shall  be  apportioned  to  such  county,  and  for  any  surplus  of 
population  it  may  be  joined  in  a representative  district  with  anv  other 
contiguous  county  or  counties.— Tea*.  (1875),  Art.  3. 

Sec.  28.  The  legislature  shall,  at  its  first  session  after  the  publication 
of  each  United  States  decennial  census,  apportion  the  state  into  sena- 
torial and  representative  districts,  agreebly  to  the  provisions  of  sections 
25  and  26  of  this  article;  and  until  the  next  decennial  census,  when  the 
first  apportionment  shall  be  made  by  the  legislature,  the  state  shall  be 
and  it  is  hereby  divided  into  senatorial  and  representative  districts  as 
provided  by  an  ordinance  of  the  convention  on  that  subject. — Tex. 
(1875),  Art.  3. 

Sec.  2.  The  legislature  shall  provide  by  law  for  an  enumeration  of 
the  inhabitants  of  the  state,  A.  D.  1905,  and  every  tenth  year  thereafter, 
and  at  the  session  next  following  such  enumeration,  and  also  at  the 
session  next  following  an  enumeration,  made  by  the  authority  of  the 
United  States,  shall  revise  and  adjust  the  apportionment  for  senators 
and  representatives  on  the  basis  of  such  enumeration  according  to  ratios 
to  be  fixed  by  law. — Utah  (1896),  Art.  9. 

Sec.  43.  The  apportionment  of  the  state  into  senatorial  and  house 
districts,  made  by  the  acts  of  the  general  assembly,  approved  April  the 
second,  nineteen  hundred  and  two,  is  hereby  adopted ; but  a re-apportion- 
ment may  be  made  in  the  year  nineteen  hundred  and  six,  and  shall  be 
made  in  the  year  nineteen  hundred  and  twelve,  and  every  tenth  year 
thereafter. — Va.  (1902),  Art.  4. 

Sec.  3.  The  legislature  shall  provide  by  law  for  an  enumeration  of 
the  inhabitants  of  the  state  in  the  year  one  thousand  eight  hundred  and 
ninety-five,  and  every  ten  years  thereafter;  and  at  the  first  session  after 
such  enumeration,  and  also  after  each  enumeration  made  by  the  authority 
of  the  United  States,  the  legislature  shall  apportion  and  district  anew  the 
members  of  the  senate  and  house  of  representatives,  according  to  the 
number  of  inhabitants,  excluding  Indians  not  taxed,  soldiers,  sailors  and 
officers  of  the  United  States  armv  and  navy  in  active  service. — Wash. 
(1889),  Art.  2. 

Sec.  4.  For  the  election  of  senators,  the  state  shall  be  divided  into 
twelve  senatorial  districts,  which  number  shall  not  be  diminished,  but 
may  be  increased  as  hereinafter  provided.  Every  district  shall  elect 
two  senators,  but  where  the  district  is  composed  of  more  than  one 
county,  both  shall  not  be  chosen  from  the  same  county.  The  districts 


47 


shall  be  compact,  formed  of  contiguous  territory,  bounded  by  county 
lines,  and,  as  nearly  as  practicable,  equal  in  population,  to  be  ascer- 
tained by  the  census  of  the  United  States.  After  every  such  census,  the 
legislature  shall  alter  the  senatorial  districts,  so  far  as  may  be  necessary 
to  make  them  conform  to  the  foregoing  provision. — W.  Va.  (1872),  Art.  6. 

Sec.  6.  For  the  election  of  delegates,  every  county  containing  a popu- 
lation of  not  less  than  tliree-fifths  of  the  ratio  of  representation  for  the 
house  of  delegates,  shall,  at  each  apportionment,  be  attached  to  some 
contiguous  county  or  counties,  to  form  a delegate  district. — W.  Va. 
(1872),  Art.  6. 

Sec.  7.  After  every  census  the  delegates  shall  be  apportioned  as  fol- 
lows : The  ratio  of  representation  for  the  house  of  delegates  shall  be 

ascertained  by  dividing  the  whole  population  of  the  state  by  the  number 
of  which  The  house  is  to  consist  and  rejecting  the  fraction  of  a unit,  if 
any,  resulting  for  such  division.  Dividing  the  population  of  every  dele- 
gate district,  and  of  every  county  not  included  in  a delegate  district,  by 
the  ratio  thus  ascertained,  there  shall  be  assigned  to  each  a number  of 
delegates  equal  to  the  quotient  obtained  by  this  division,  excluding  the 
fractional  remainder.  The  additional  delegates  necessary  to  make  up  the 
number  of  which  the  house  is  to  consist,  shall  then  be  assigned  to  those 
delegate  districts,  and  counties  not  included  in  a delegate  district,  which 
would  otherwise  have  the  largest  fractions  unrepresented;  but  every 
delegate  district  and  county  not  included  in  a delegate  district  shall  be 
entitled  to  at  least  one  delegate. — W.  Va.  (1872),  Art.  6. 

Sec.  10.  The  arrangement  of  the  senatorial  and  delegate  districts,  and 
apportionment  of  delegates,  shall  hereafter  be  declared  by  law,  as  soon 
as  possible  after  each  succeeding  census,  taken  by  authority  of  the  United 
States.  When  so  declared  they  shall  apply  to  the  first  general  election 
for  members  of  the  legislature,  to  be  thereafter  held,  and  shall  continue 
in  force  unchanged,  until  such  districts  shall  be  altered,  and  delegates 
apportioned,  under  the  succeeding  census. — W.  Va  (1872),  Art.  6. 

Sec.  3.  The  legislature  shall  provide  by  law  for  an  enumeration  of  the 
inhabitants  of  the  state  in  the  year  one  thousand  eight  hundred  and 
fifty -five,  and  at  the  end  of  every  ten  years  thereafter ; and  at  their  first 
session  after  such  enumeration,  and  also  after  each  enumeration  made 
by  the  authority  of  the  United  States,  the  legislature  shall  apportion  and 
district  anew  the  members  of  the  senate  and  assembly,  according  to  the 
number  of  inhabitants,  including  Indians  not  taxed,  and  soldiers  and 
officers  of  the  United  States  army  and  navy. — Wis.  (1848),  Art.  4. 

Sec.  3.  Each  county  shall  constitute  a senatorial  and  representative 
district ; the  senate  and  house  of  representatives  shall  be  composed  of 
members  elected  by  the  legal  voters  of  the  counties  respectively,  every 
two  (2)  years.  They  shall  be  apportioned  among  the  said  counties  as 
nearly  as  may  be  according  to  the  number  of  their  inhabitants.  Each 
county  shall  have  at  least  one  senator  and  one  representative ; but  at  no 
time  shall  the  number  of  members  of  the  house  of  representatives  be  less 
than  twice  nor  greater  than  three  times  the  number  of  members  of  the 


48 


senate.  The  senate  and  house  of  representatives  first  elected  in  pur- 
suance of  this  constitution  shall  consist  of  sixteen  and  thirty-three  mem- 
bers respectively. — Wyo.  (1889),  Art.  3. 

Sec.  2.  The  legislature  shall  provide  by  law  for  an  enumeration  of  the 
inhabitants  of  the  state  in  the  year  1895,  and  every  tenth  year  thereafter, 
and  at  the  session  next  following  such  enumeration,  and  also  at  the 
session  next  following  an  enumeration  made  by  the  authority  of  the 
United  States,  shall  revise  and  adjust  the  apportionment  for  senators 
and  representatives,  on  a basis  of  such  enumeration  according  to  ratios 
to  be  fixed  by  law.— Wyo.  (1889),  Art.  3 A. 

Sec.  3.  Representative  districts  may  be  altered  from  time  to  time  as 
public  conveniences  may  require.  When  a representative  district  shall 
be  composed  of  two  or  more  counties,  they  shall  be  contiguous,  and  the 
districts  as  compact  as  may  be.  No  county  shall  be  divided  in  the  forma- 
tion of  representative  districts. — Wyo.  (1889),  Art.  3 A. 


qualifications;  removal  from  district. 

(9)  Sec.  5.  Setiators  and  representatives  shall  he  citizens  of  the 
United  States  and  qualified  electors  in  the  respective  counties  and  dis- 
tricts ichich  they  represent.  A removal  from  their  respective  counties  or 
districts  shall  he  deemed  a vacation  of  their  office. — Mich.  (1850),  Art.  4. 

Sec.  47.  Senators  shall  be  at  least  twenty-five  years  of  age,  and  repre- 
sentatives twenty-one  years  of  age  at  the  time  of  their  election.  They 
shall  have  been  citizens  and  residents  of  this  state  for  three  years,  and 
residents  of  their  respective  counties  or  districts  for  one  year  next  be- 
fore their  election,  if  such  county  or  district  shall  have  been  so  long 
established;  but  if  not,  then  of  the  county  or  district  from  which  the 
same  shall  have  been  taken;  and  they  shall  reside  in  their  respective 
counties  or  districts  during  their  terms  of  office. — Ala.  (1901),  Art.  4. 

Sec.  54.  A member  of  the  legislature  expelled  for  corruption  shall  not 
thereafter  be  eligible  to  either  house;  and  punishment  for  contempt  or 
disorder lv  behavior  shall  not  bar  an  indictment  for  the  same  offense. — 
Ala,  (1901),  Art.  4. 

Sec.  4.  No  person  shall  be  a senator  or  representative  who,  at  the 
time  of  his  election,  is  not  a citizen  of  the  United  States,  nor  any  one 
who  has  not  been  for  two  years  next  preceding  his  election  a resident  of 
this  state,  and  for  one  year  next  preceding  his  election  a resident  of  the 
county  or  district  whence  he  may  be  chosen.  Senators  shall  be  at  least 
twenty-five  years  of  age  and  representatives  at  least  twenty-one  vears  of 
ag e.—Ark.  (1874),  Art.  5. 

Sec.  4.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the 
same  time  and  place  as  members  of  the  assembly,  and  no  person  shall 
be  a member  of  the  senate  or  assembly  who  has  not  been  a citizen  and 


49 


inhabitant  of  the  state  three  years,  and  of  the  district  for  which  he  shall 
be  chosen  one  year,  next  before  his  election. — Cal.  (1880),  Art.  4. 

Sec.  4.  No  person  shall  be  a representative  or  senator  who  shall  not 
have  attained  the  age  of  twenty-five  years,  who  shall  not  be  a citizen  of 
the  United  States,  wdio  shall  not  for  at  least  twelve  months  next  pre- 
ceding his  election  have  resided  within  the  territory  included  in  the 
limits  of  the  county  or  district  in  which  he  shall  be  chosen : Provided , 
That  any  person  who,  at  the  time  of  the  adoption  of  this  constitution, 
wras  a qualified  elector  under  the  territorial  laws,  shall  be  eligible  to 
the  first  general  assembly. — Colo.  (1876),  Art.  5. 

Sec.  3.  No  person  shall  be  a senator  who  shall  not  have  attained 
the  age  of  twrenty-seven  years  and  have  been  a citizen  and  inhabitant  of 
the  state  three  years  next  preceding  the  day  of  his  election  and  the  last 
year  of  that  term  an  inhabitant  of  the  senatorial  district  in  which  he 
shall  be  chosen,  unless  he  shall  have  been  absent  on  the  public  business 
of  the  United  States  or  of  this  state.  No  person  shall  be  a representa- 
tive who  shall  not  have  attained  the  age  of  twenty-four  years,  and  have 
been  a citizen  and  inhabitant  of  the  state  three  years  next  preceding  the 
day  of  his  election,  and  the  last  year  of  that  term  an  inhabitant  the 
day  of  his  election,  and  the  last  year  of  that  term  an  inhabitant  of  the 
representative  district  in  which  he  shall  be  chosen,  unless  he  shall  have 
been  absent  on  the  public  business  of  the  United  States  or  of  this  state. 
—Del,  (1897),  Art,  2. 

Sec.  4.  Senators  and  members  of  the  house  of  representatives  shall 
be  duly  qualified  electors  in  the  respective  counties  and  districts  for 
which  they  wTere  chosen.  The  pay  of  members  of  the  senate  and  house 
of  representatives  shall  not  exceed  six  dollars  a day  for  each  day  of 
session,  and  mileage  to  and  from  their  homes  to  the  seat  of  government, 
not  to  exceed  ten  cents  a mile  each  way,  by  the  nearest  and  most  prac- 
ticable route. — Fla.  (1885),  Art.  3. 

Sec.  8.  The  seat  of  a member  of  either  house  shall  be  vacated  on  his 
permanent  change  of  residence  from  the  district  or  county  from  which 
he  wras  elected. — Fla,  (1885),  Art.  3. 

Sec.  4.  Par.  8.  The  seat  of  a member  of  either  house  shall  be  va- 
cated on  his  removal  from  the  district  or  county  from  which  he  was 
elected. — Ga.  (1877),  Art.  3. 

Sec.  5.  Par.  1.  The  senators  shall  be  citizens  of  the  United  States, 
who  have  attained  the  age  of  tw^enty-five  years,  and  who  shall  have  been 
citizens  of  this  state  for  four  years,  and  for  one  year  residents  of  the 
district  from  wdiich  elected. — Ga,  (1877),  Art.  3. 

Sec.  6.  Par.  1.  The  representatives  shall  be  citizens  of  the  United 
States,  w^ho  have  attained  the  age  of  twenty-one  years,  and  who  shall 
have  been  citizens  of  this  state  for  two  years,  and  for  one  year  residents 
of  the  counties  from  which  elected. — Ga.  (1877),  Art.  3. 

7 — Legislative  Dept. 


t 


50 


Sec.  6.  No  person  shall  be  a senator  or  representative  who  at  the 
time  of  his  election  is  not  a citizen  of  the  United  States  and  an  elec- 
tor of  this  state,  nor  any  one  who  has  not  been  for  one  year  next  pre- 
ceding his  election  an  elector  of  the  county  or  district  whence  he  may 
be  chosen. — Idaho  (1889),  Art.  3. 

Sec.  No  person  shall  be  a senator  who  shall  not  have  attained  the 
age  of  twenty-five  years,  or  a representative  who  shall  not  have  attained 
the  age  of  twenty-one  years.  No  person  shall  be  a senator  or  a repre- 
sentative who  shall  not  be  a citizen  of  the  United  States  and  who  shall 
not  have  been  for  five  years  a resident  of  this  state,  and  for  two  years 
next  preceding  his  election  a resident  within  the  territory  forming  the 
district  from  which  he  is  elected.  No  judge  or  clerk  of  any  court,  sec- 
retary of  state,  attorney  general,  state’s  attorney,  recorder,  sheriff,  or 
collector  of  public  revenue,  members  of  either  house  of  congress,  or 
persons  holding  any  lucrative  office  under  the  United  States  or  this 
state,  or  any  foreign  government,  shall  have  a seat  in  the  general  as- 
sembly: Provided,  That  appointments  in  the  militia,  and  the  offices  of 
notary  public  and  justice  of  the  peace,  shall  not  be  considered  lucrative. 
Nor  shall  any  person  holding  any  office  or  honor  or  profit  under  any 
foreign  government,  or  under  the  government  of  the  United  States, 
(except  postmasters  whose  annual  compensation  does  not  exceed  the  sum 
of  three  hundred  dollars)  hold  any  office  of  honor  or  profit  under  the 
authority  of  this  state. — III.  (1870),  Art.  4. 

Sec.  7.  No  person  shall  be  a senator  or  a representative,  who,  at 
the  time  of  his  election,  is  not  a citizen  of  the  United  States;  nor  any 
one  who  has  not  been,  for  two  years  next  preceding  his  election,  an 
inhabitant  of  this  state,  and  for  one  year  next  preceding  his  election, 
an  inhabitant  of  the  county  or  district  whence  he  may  be  chosen.  Sena- 
tors shall  be  at  least  twenty -five,  and  representatives  at  least  twenty- 
one  years  of  age. — Ind.  (1851),  Art.  4. 

Sec.  4.  No  person  shall  be  a member  of  the  house  of  representatives 
who  shall  have  attained  the  age  of  twenty-one  years;  be  a male  citizen 
of  the  United  States,  and  shall  have  been  an  inhabitant  of  this  state 
one  year  next  preceding  his  election,  and  at  the  time  of  his  election  shall 
have  had  an  actual  residence  of  sixty  days  in  the  county  or  district  he 
may  have  been  chosen  to  represent. — Iowa  (1857),  Art.  3 (Arndt.  1880). 

Sec.  4.  No  person  shall  be  a member  of  the  legislature  who  is  not 

at  the  time  of  his  election  a qualified  voter  of,  and  a resident  in,  the 

county  or  district  for  which  he  is  elected. — Kan.  (1859),  Art.  2. 

Sec.  32.  No  person  shall  be  a representative  who,  at  the  time  of  his 

election,  is  not  a citizen  of  Kentucky,  has  not  attained  the  age  of  twenty- 
four  years,  and  who  has  not  resided  in  this  state  two  years  next  pre- 
ceding his  election,  and  the  last  year  thereof  in  the  county,  town  or  city 
for  which  he  may  be  chosen.  No  person  shall  be  a senator  who,  at  the 
time  of  his  election,  is  not  a citizen  of  Kentucky,  has  not  attained  the 
age  of  thirty  years,  and  has  not  resided  in  this  state  six  years  next 


i 


51 


preceding  his  election,  and  the  last  year  thereof  in  the  district  for  which 
he  may  be  chosen. — Ky.  (1891),  Sec.  32. 

Art.  24.  Every  elector  under  this  constitution,  shall  be  eligible  to  a 
seat  in  the  house  of  representatives,  and  every  elector  who  has  reached 
the  age  of  twenty-five  years  , shall  be  eligible  to  the  senate:  Provided , 

That  no  person  shall  be  eligible  to  the  general  assembly  unless  at  the 
time  of  his  election  he  has  been  a citizen  of  the  state  for  five  years,  and 
an  actual  resident  of  the  district  or  parish  from  which  he  may  be 
elected  for  two  years  immediately  preceding  his  election.  The  seat  of 
any  member  who  may  change  his  residence  from  the  district  or  parish 
which  he  represents  shall  thereby  be  vacated,  any  declaration  of  a re- 
tention of  domicile  to  the  contrary  notwithstanding;  and  members  of 
the  general  assemblv  shall  be  elected  for  a term  of  four  years. — La. 
(1898),  Art.  24. 

Sec.  6.  The  senators  shall  be  twenty-five  years  of  age  at  the  com- 
mencement of  the  term,  for  which  they  are  elected,  and  in  all  other 
respects  their  qualifications  shall  be  the  same,  as  those  of  the  repre- 
sentatives.— Me.  (1819),  Art.  4,  Part  2. 

Sec.  4.  No  person  shall  be  a member  of  the  house  of  representatives, 
unless  he  shall,  at  the  commencement  of  the  period  for  which  he  is 
elected,  have  been  five  years  a citizen  of  the  United  States,  have  arrived 
at  the  age  of  twenty-one  years,  have  been  a resident  in  this  state  one 

year,  or  from  the  adoption  of  this  constitution ; and  for  the  three 

months  next  preceding  the  time  of  his  election  shall  have  been,  and, 
during  the  period  for  which  he  is  elected,  shall  continue  to  be  a resi- 
dent in  the  town  or  district  which  he  represents. — Me.  (1819),  Art.  4, 
Part  1. 

Sec.  9.  No  person  shall  be  eligible  as  a senator  or  delegate  who,  at 
the  time  of  his  election,  is  not  a citizen  of  the  state  of  Maryland,  and 
who  has  not  resided  therein  for  at  least  three  years  next  preceding  the 
day  of  his  election,  and  the  last  year  thereof,  in  the  county,  or  in  the 
legislative  district  of  Baltimore  city,  which  he  may  be  chosen  to  rep- 
resent, if  such  county  or  legislative  district  of  said  city  shall  have  been 
so  long  established;  and  if  not,  then  in  the  county  or  city,  from  which, 
in  whole  or  in  part,  the  same  may  have  been  formed;  nor  shall  any 

person  be  eligible  as  a senator  unless  he  shall  have  attained  the  age 

of  twenty-five  years,  nor  as  a delegate  unless  he  shall  have  attained 
the  age  of  twenty-one  years,  at  the  time  of  his  election. — Me.  (1867), 
Art.  3. 

Art.  5.  Provided , nevertheless,  That  no  person  shall  be  capable  of 
being  elected  as  a senator,  [who  is  not  seized  in  his  own  right  of  a free- 
hold, within  this  commonwealth,  of  the  value  of ‘three  hundred  pounds 
at  least,  or  possessed  of  personal  estate  to  the  value  of  six  hundred 
pounds  at  least,  or  of  both  to  the  amount  of  the  same  sum,  and]  who 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  space  of  five 
years  immediately  preceding  his  election,  and,  at  the  time  of  his  elec- 


tion,  lie  shall  be  an  inhabitant  in  the  district  for  which  he  shall  be 
chosen. — Mass.  (1780),  Part , 2,  Chap  1,  Sec.  2. 

Art.  13.  * * * No  possession  of  a freehold,  or  of  any  other  es- 

tate, shall  be  required  as  a qualification  for  holding  a seat  in  either 
branch  of  the  general  court,  or  in  the  executive  council. — Mass.  (1780), 
Art.  13  (Amdt.). 

Sec.  25.  Senators  and  representatives  shall  be  qualified  voters  of 
the  state,  and  shall  have  resided  one  year  in  the  state  and  six  months 
immediately  preceding  the  election  in  the  district  from  which  they  are 
elected. — Minn.  (1857),  Art.  4. 

Sec.  41.  No  person  shall  be  a member  of  the  house  of  representa- 
tives who  shall  not  have  attained  the  age  of  twenty-one  years,  and  who 
shall  not  be  a qualified  elector  of  the  state,  and  who  shall  not  have 
been  a resident  citizen  of  the  state  four  years,  and  of  the  county  two 
years;  immediately  preceding  his  election.  The  seat  of  a member  of 
the  house  of  representatives  shall  be  vacated  on  his  removal  from  the 
county  or  flotorial  district  from  which  he  was  elected. — Miss.  (1890), 
Art.  4. 

Sec.  42.  No  person  shall  be  a senator  who  shall  not  have  attained 
the  age  of  twenty -five  years,  who  shall  not  have  been  a qualified  elec- 
tor of  the  state  four  years,  and  who  shall  not  be  an  actual  resident  of 
the  district  or  territory  he  may  be  chosen  to  represent  for  two  years 
before  his  election.  The  seat  of  a senator  shall  be  vacated  upon  his 
removal  from  the  district  from  which  he  is  elected. — Miss.  (1890), 
Art.  4. 

Sec.  4.  No  person  shall  be  a member  of  the  house  of  representatives 
who  shall  not  have  attained  the  age  of  twenty-four  years,  who  shall 
not  be  a male  citizen  of  the  United  States,  who  shall  not  have  been  a 
qualified  voter  of  this  state  two  years,  and  an  inhabitant  of  the 
county  or  district  which  he  may  be  chosen  to  represent  one  year 
next  before  the  day  of  his  election,  if  such  county  or  district  shall 
have  been  so  long  established,  but  if  not,  then  of  the  county  or  district 
from  which  the  same  shall  have  been  taken,  and  who  shall  not  have 
paid  a state  and  county  tax  within  one  year  next  preceding  the  elec- 
tion.— Mo.  (1875),  Art.  4. 

Sec.  G.  No  person  shall  be  a senator  who  shall  not  have  attained 
the  age  of  thirty  years,  who  shall  not  be  a male  citizen  of  the  United 
States,  who  shall  not  have  been  a qualified  voter  of  this  state  three 
years,  and  an  inhabitant  of  the  district  which  he  may  be  chosen  to 
represent  one  year  next  before  the  day  of  his  election,  if  such  district 
shall  have  been  so  long  established,  but  if  not,  then  of  the  district  or 
districts  from  which  the  same  shall  have  been  taken,  and  who  shall 
not  have  paid  a state  and  county  tax  within  one  year  next  preceding 
the  election.  When  any  county  shall  be  entitled  to  more  than  one  sen- 
ator, the  circuit  court  shall  cause  such  county  to  be  subdivided  into 
districts  of  compact  and  contiguous  territory,  and  of  population  as 


53 


nearly  equal  as  may  be,  corresponding  in  number  with  the  senators  to 
which  such  county  may  be  entitled;  and  in  each  of  these  one  senator, 
who  shall  be  a resident  of  such  district,  shall  be  elected  by  the  qualified 
voters  thereof. — Mo.  (1875),  Art.  4. 

Sec.  13.  If  any  senator  or  representative  remove  his  residence  from 
the  district  or  county  for  which  he  was  elected,  his  office  shall  thereby 
be  vacated. — Mo.  (1875),  Art.  4. 

V _ y 

Sec.  3.  No  person  shall  be  a representative  who  shall  not  have  at- 
tained the  age  of  twenty-one  years,  or  a senator  who  shall  not  have  at- 
tained the  age  of  twenty-four  years,  and  who  shall  not  be  a citizen  of 
the  United  States,  and  who  shall  not  (for  at  least  twelve  months  next 
preceding  his  election)  have  resided  within  the  county  or  district  in 
which  he  shall  be  elected. — Mont.  (1889),  Art.  5. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  senator,  or  mem- 
ber of  the  house  of  representatives,  who  shall  not  be  an  elector  and 
have  resided  within  the  district  from  which  he  is  elected  for  the  term 
of  one^year  next  before  his  election,  unless  he  shall  have  been  absent  on 
the  public  business  of  the  United  States,  or  of  this  state.  And  no  per- 
son elected  as  aforesaid  shall  hold  his  office  after  he  shall  have  removed 
from  such  district. — Neb.  (1875),  Art.  3. 

Sec.  5.  Senators  and  members  of  the  assembly  shall  be  duly  qualified 
electors  in  the  respective  counties  and  districts  which  they  represent, 
and  the  number  of  senators  shall  not  be  less  than  one-third  nor  more 
than  one-half  of  that  of  the  members  of  the  assembly. — Nev.  (1864), 
Art.  4. 

Art.  13.  Every  member  of  the  house  of  representatives  shall  be 
chosen  by  ballot,  and,  for  two  years,  at  least,  next  preceding  his  elec- 
tion, shall  have  been  an  inhabitant  of  this  state;  shall  be,  at  the  time 
of  his  election,  an  inhabitant  of  the  town,  parish,  or  place  he  may  be 
chosen  to  represent;  and  shall  cease  to  represent  such  town,  parish, 
or  place  immediately  on  his  ceasing  to  be  qualified  as  aforesaid. — N.  H., 
Part  2,  Art.  13. 

Art.  28.  Provided,  nevertheless,  That  no  person  shall  be  capable  of 
being  elected  a senator  who  is  not  of  the  age  of  thirty  years,  and  who 
shall  not  have  been  an  inhabitant  of  this  state  for  seven  years  imme- 
diately preceding  his  election;  and,  at  the  time  thereof,  he  shall  be  an 
inhabitant  of  the  district  for  which  he  shall  be  chosen. — N.  H.,  Paid 
2,  Art.  28. 

2.  No  person  shall  be  a member  of  the  senate  who  shall  not  have 
attained  the  age  of  thirty  years,  and  have  been  a citizen  and  inhabitant 
of  the  state  for  four  years,  and  of  the  county  for  which  he  shall  be 
chosen  one  year,  next  before  his  election;  and  no  person  shall  be  a 
member  of  the  general  assembly  who  shall  not  have  attained  the  age 
of  twenty-one  years,  and  have  been  a citizen  and  inhabitant  of  the  state 
for  two  years,  and  of  the  county  for  which  he  shall  be  chosen  one  year 


54 


next  before  his  election:  Provided,  That  no  person  shall  be  eligible 
as  a member  of  either  house  of  the  legislature,  who  shall  not  be  en- 
titled to  the  right  of  suffrage. — -N.  J.  (1844),  Art.  4,  Sec.  1,  Cl.  2. 

Sbc.  7.  Each  member  of  the  senate  shall  not  be  less  than  twenty-five 
years  of  age,  shall  have  resided  in  the  state  as  a citizen  two  years,  and 
shall  have  usually  resided  in  the  district  for  which  he  is  chosen,  one 
year  immediately  preceding  his  election. — N.  C.  (1875)  , Art.  2. 

Sec.  8.  Each  member  of  the  house  of  representatives  shall  be  a quali- 
fied elector  of  the  state,  and  shall  have  resided  in  the  county  for  which 
he  is  chosen,  for  one  year  immediately  preceding  his  election. — N.  C. 
(1875),  Art.  2. 

Sec.  28.  No  person  shall  be  a senator  who  is  not  a qualified  elector 
in  the  district  in  which  he  may  be  chosen,  and  who  shall  not  have 
attained  the  age  of  twenty-five  years,  and  have  been  a resident  of  the 
state  or  territory  for  two  years  next  preceding  his  election. — N.  Dak. 
(1889),  Art.  2. 

Sec.  34.  No  person  shall  be  a representative  who  is  not  a qualified 
elector  in  the  district  from  which  he  may  be  chosen,  and  who  shall  not 
have  attained  the  age  of  twenty-one  years,  and  have  been  a resident 
of  the  state  or  territory  for  two  years  next  preceding  his  election. — 
N.  Dak.  (1889),  Art.  2.' 

Sec.  38.  No  member  of  the  legislative  assembly,  expelled  for  cor- 
ruption, and  no  person  convicted  of  bribery,  perjury  or  other  infamous 
crime,  shall  be  eligible  to  the  legislative  assembly,  or  to  any  office  in 
either  branch  thereof. — N.  Dak.  (1889),  Art.  %. 

Sec.  3.  Senators  and  representatives  shall  have  resided  in  their  re- 
spective counties;  or  districts,  one  year  next  preceding  their  election, 
unless  they  shall  have  been  absent  on  the  public  business  of  the  United 
States,  or  of  this  state. — Ohio  (1851),  Art.  2. 

Sec.  17.  Members  of  the  senate  shall  be  at  least  twenty -five  years 
of  age,  and  members  of  the  house  of  representatives  twenty-one  years  of 
age  at  the  time  of  their  election.  They  shall  be  qualified  electors  in  their 
respective  counties  or  districts  and  shall  reside  in  their  respective 
counties  or  districts  during  their  term  of  office. — Okla.  (1907),  Art.  5. 

Sec.  19.  A member  of  the  legislature  expelled  for  corruption  shall 
not  thereafter  be  eligible  to  membership  in  either  house.  Punishment 
for  contempt  or  disorderly  conduct,  or  for  any  other  cause,  shall  not  bar 
an  indictment  for  the  same  offense. — Okla.  (1907),  Art.  5. 

Sec.  8.  No  person  shall  be  a senator  or  representative  who,  at  the 
time  of  his  election,  is  not  a citizen  of  the  United  States;  nor  any  one 
who  has  not  been  for  one  year  next  preceding  his  election  an  inhabi- 
tant of  the  county  or  district  whence  he  may  be  chosen.  Senators  and 


00 


representatives  shall  be  at  least  twenty-one  years  of  age.— Ore.  (1875), 

Art.  4. 


Sec.  5.  Senators  shall  be  at  least  twenty-five  years  of  age  and  repre- 
sentatives twenty-one  years  of  age.  They  shall  have  been  citizens  and 
inhabitants  of  the  state  four  years,  and  inhabitants  of  their  respective 
districts  one  year  next  before  their  election  (unless  absent  on  the  pub- 
lic business  of  the  United  States  or  of  this  state),  and  shall  reside  in 
their  respective  districts  during  their  terms  of  serve.— Pa.  (1873),  Art.  2. 

Sec.  7.  No  person  shall  be  eligible  to  a seat  in  the  senate  or  house 
of  representatives  who,  at  the  time  of  his  election,  is  not  a duly  quali- 
fied elector  under  this  constitution  in  the  county  in  which  he  may  be 
chosen.  Senators  shall  be  at  least  twenty-five  and  representatives  at 
least  twenty-one  years  of  age. — S.  C.  (1895),  Art.  3. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  senator  who  is  not 
a qualified  elector  in  the  district  from  which  he  may  be  chosen,  and  a 
citizen  of  the  United  States,  and  who  shall  not  have  attained  the  age 
of  twenty-five  years,  and  who  shall  not  have  been  a resident  of  the 
state  or  territory  for  two  years  next  preceding  his  election. 

No  person  shall  be  eligible  to  the  office  of  representative  who  is  not 
a qualified  elector  in  the  district  from  which  he  may  be  chosen,  and  a 
citizen  of  the  United  States,  and  who  shall  not  have  been  a resident 
of  the  state  or  territory  for  two  years  next  preceding  his  election,  and 
who  shall  not  have  attained  the  age  of  twenty-five  years. 

No  judge  or  clerk  of  any  court,  secretary  of  state,  attorney  general, 
state’s  attorney,  recorder,  sheriff  or  collector  of  public  moneys,  mem- 
ber of  either  house  of  congress,  or  person  holding  any  lucrative  office 
under  the  United  States,  or  this  state,  or  any  foreign  government,  shall 
be  a member  of  the  legislature:  Provided , That  appointments  in  the 

militia,  the  offices  of  notary  public  and  justice  of  the  peace  shall  not 
be  considered  lucrative ; nor  shall  any  person  holding  any  office  of 
honor  or  profit  under  any  foreign  government  or  under  the  government 
of  the  United  States,  except  postmasters,  whose  annual  compensation 
does  not  exceed  the  sum  of  three  hundred  dollars,  hold  any  office  in 
either  branch  of  the  legislature  or  become  a member  thereof. — S.  D . 
(1889),  Art.  3. 

Sec.  9.  No  person  shall  be  a representative  unless  he  shall  be  a 
citizen  of  the  United  States,  of  the  age  of  twenty-one  years,  and  shall 
have  been  a citizen  of  this  state  for  three  years,  and  a resident  in  the 
county  he  represents  one  year,  immediately  preceding  the  election. — 
Term.  (1870),  Art.  2. 

Sec.  10.  No  person  shall  be  a senator  unless  he  shall  be  a citizen 
of  the  United  States,  of  the  age  of  thirty  years,  and  shall  have  resided 
three  years  in  this  state,  and  one  year  in  the  county  or  district,  imme- 
diately preceding  the  electiop.  No  senator  or  representative  shall,  dur- 
ing the  time  for  which  he  was  elected,  be  eligible  to  any  office  or  place 
of  trust,  the  appointment  to  which  is  vested  in  the  executive  or  the 


56 


general  assembly,  except  to  the  office  of  trustee  of  a literary  institution. 
— Tenn.  (1870),  Art.  2. 

Sec.  1.  Whereas  ministers  of  the  gospel  are,  by  their  profession,  dedi- 
cated to  God  and  the  care  of  souls,  and  ought  not  to  be  diverted  from 
the  great  duties  of  their  functions;  therefore  no  minister  of  the  gospel, 
or  priest  of  any  denomination  whatever,  shall  be  eligible  to  a seat  in 
either  house  of  the  legislature. — Tenn.  (1870),  AH.  9. 

i 

Sec.  6.  No  person  shall  be  a senator  unless  he  be  a citizen  of  the 
United  States,  and  at  the  time  of  his  election  a qualified  elector  of  this 
state,  and  shall  have  been  a resident  of  this  state  five  years  next  preceding 
his  election,  and  the  last  year  thereof  a resident  of  the  district  for  which 
he  shall  be  chosen,  and  shall  have  attained  the  age  of  twentv-six  vears. 
—Tex.  (1875),  Art.  3. 

Sec.  7.  No  person  shall  be  a representative  unless  he  be  a citizen  of 
the  United  States,  and  at  the  time  of  his  election  a qualified  elector  of 
this  state,  and  shall  have  been  a resident  of  this  state  two  years  next 
preceding  his  election,  the  last  year  thereof  a resident  of  the  district 
for  which  he  shall  be  chosen,  and  shall  have  attained  the  age  of  twenty- 
one  years. — Tex.  (1875),  AH.  3. 

Sec.  23.  If  any  senator  or  representative  remove  his  residence  from 
the  district  or  county  for  which  he  was  elected,  his  office  shall  thereby 
become  vacant,  and  the  vacancy  shall  be  filled  as  provided  in  section 
13  of  this  article. — Tex.  (1875),  AH.  3. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  senator  or  repre- 
sentative, who  is  not  a citizen  of  the  United  States,  twenty-five  years 
of  age,  a qualified  voter  in  the  district  from  which  he  is  chosen,  a 
resident  for  three  years  of  the  state,  and  for  one  year  of  the  district 
from  which  he  is  elected. — Utah  (1896),  AH.  6. 

Sec.  18.  No  person  shall  be  elected  a representative,  until  he  has 
resided  two  years  in  this  state;  the  last  of  which  shall  be  in  the  town 
for  which  he  is  elected. — Vt.  (1793),  Chap.  2. 

Sec.  44.  Any  person  may  be  elected  senator  who,  at  the  time  of 
election,  is  actually  a resident  of  the  senatorial  district  and  qualified  to 
vote  for  members  of  the  general  assembly ; and  any  person  may  be  elected 
a member  of  the  house  of  delegates  who,  at  the  time  of  election,  is 
actually  a resident  of  the  house  district  and  qualified  to  vote  for  mem- 
bers of  the  general  assembly.  But  no  person  holding  a salaried  office 
under  the  state  government,  and  no  judge  of  any  court,  attorney  for 
the  commonwealth,  sheriff,  sergeant,  treasurer,  assessor  of  taxes,  com- 
missioner of  the  revenue,  collector  of  taxes,  or  clerk  of  any  court, 
shall  be  a member  of  either  house  of  the  general  assembly  during  his 
continuance  in  office,  and  the  election  of  any  such  person  to  either 
house  of  the  general  assembly,  and  his  qualification  as  a member  thereof, 
shall  vacate  any  such  office  held  by  him ; and  no  person  holding  any 
office  or  post  of  profit  or  emolument  under  the  United  States  govern- 


ment  or  who  is  in  the  employment  of  such  government,  shall  be  eligi- 
ble to  either  house.  The  removal  of  a senator  or  delegate  from  the  dis- 
trict for  which  he  is  elected,  shall  vacate  his  office. — Va.  (1902),  Art.  4. 

Sec.  7.  No  person  shall  be  eligible  to  the  legislature  who  shall  not 
be  a citizen  of  the  United  States  and  a qualified  voter  in  the  district 
for  which  he  is  chosen. — Wash.  (1889),  Art.  2. 

Sec.  12.  No  person  shall  be  a senator  or  delegate  who  has  not  for 
one  year  next  preceding  his  election,  been  a resident  within  the  dis- 
trict or  county  from  which  he  is  elected;  and  if  a senator  or  delegate 
remove  from  the  district  or  county  for  which  he  wTas  elected,  his  seat 
shall  be  thereby  vacated. — W.  Va.  (1872),  Art.  6. 

Sec.  4.  No  person,  except  citizens  entitled  to  vote,  shall  be  elected 
or  appointed  to  any  state,  county  or  municipal  office;  but  the  governor 
and  judges  must  have  attained  the  age  of  thirty,  and  the  attorney  general 
and  senators  the  age  of  twenty-five  years,  at  the  beginning  of  their  re- 
spective terms  of  service;  and  must  have  been  citizens  of  the  state  for 
five  years  next  preceding  their  election  or  appointment,  or  be  citizens  at 
the  time  this  constitution  goes  into  operation. — W.  Va.  (1872),  Art.  4. 

Sec.  6.  No  person  shall  be  eligible  to  the  legislature,  who  shall 
not  have  resided  one  year  within  the  state,  and  be  a qualified  elector  in 
the  district  Avhich  he  may  be  chosen  to  represent. — Wis.  (1848),  Art.  4. 


CERTAIN  OFFICERS  INELIGIBLE. 

(10)  Sec.  6.  No  person  holding  any  office  under  the  United 
States  [or  this  state ] or  any  county  office , except  notaries  public, 
officers  of  the  militia  and  officers  elected  by  toivnships,  shall  be  eligible 
to,  or  have  a seat  in  either  house  of  the  legislature , and  all  votes  given 
for  any  such  person  shall  be  void. — Mich.  (1850),  Art.  4. 

Sec.  7.  No  judge  of  the  supreme,  circuit  or  inferior  courts  of  law 
or  equity,  secretary  of  state,  attorney  general  for  the  state,  auditor  or 
treasurer,  recorder,  clerk  of  any  court  or  record,  sheriff,  coroner,  mem- 
ber of  congress,  nor  any  other  person  holding  any  lucative  office  under 
the  United  States  or  this  state  (militia  officers,  justices  of  the  peace, 
postmasters,  officers  of  public  schools  and  notaries  excepted),  shall  be 
eligible  to  a seat  in  either  house  of  the  general  assembly. — Ark.  (1874), 
Art.  5. 


Sec.  20.  No  person  holding  and  lucrative  office  under  the  United 
States,  or  any  other  power,  shall  be  eligible  to  any  civil  office  of  profit 
under  this  state : Provided,  That  officers  in  the  militia  who  receives  no 
annpal  salary,  local  officers  or  postmasters  whose  compensation  does 
not  exceed  five  hudred  dollars  per  annum,  shall  not  be  deemed  to  hold 
lucrative  offices. — Cal.  (1880),  Art.  4.  % 

Sec.  4.  No  judge  of  the  superior  court,  or  of  the  supreme  court  of 
8 — Legislative  Dept. 


58 


errors;  no  member  of  congress;  no  person  holding  any  office  under  the 
authority  of  the  United  States;  no  person  holding  the  office  of  treas- 
ruer,  secretary,  or  comptroller;  no  sheriff  or  sheriff’s  deputy  shall  be  a 
member  of  the  general  assembly. — Conn.  (1818),  Art.  10. 

Sec.  7.  No  person  holding  a lucrative  office  or  appointment  under 
the  United  States  or  this  state,  shall  be  eligible  to  a seat  in  the  legisla- 
ture of  this  state. — Fla.  (1885)  , Art.  3. 

Sec.  4.  Par.  7.  No  person  holding  a military  commission  or  other 
appointment  or  office,  having  any  emolument  or  compensation  annexed 
thereto,  under  this  state,  or  the  United  States,  or  either  of  them,  except 
justices  of  the  peace  and  officers  of  the  militia,  nor  any  defaulter  for 
public  money,  or  for  any  legal  taxes  required  of  him,  shall  have  a seat 
in  either  house;  nor  shall  any  senator  or  representative,  after  his  quali- 
fication as  such,  be  elected  by  the  general  assembly,  or  appointed  by 
the  governor,  either  with  or  without  the  advise  and  consent  of  the 
senate,  to  any  office  or  appointment  having  any  emolument  annexed 
thereto,  during  the  time  for  which  he  shall  have  been  elected. — Ga. 
(1877),  Art.  3. 

Sec.  9.  No  person  holding  a lucrative  office  or  appointment,  under 
the  United  States,  or  under  this  state,  shall  be  eligible  to  a seat  in 
the  general  assembly;  nor  shall  any  person  hold  more  than  one  lucrative 
office  at  the  same  time,  except  as  in  this  constitution  expressly  per- 
mitted: Provided , That  offices  in  the  militia,  to  which  there  is  attached 

no  annual  salary,  and  the  office  of  deputy  postmaster,  where  the  com- 
pensation does  not  exceed  ninety  dollars  per  annum,  shall  not  be  deemed 
lucrative:  And  provided , also , That  counties  containing  less  than  one 

thousand  polls  may  confer  the  office  of  clerk,  recorder  and  auditor, 
or  any  two  of  said  offices,  upon  the  same  person. — Ind.  (1851),  Art.  2. 

Sec.  22.  No  person  holding  any  lucrative  office  under  the  United 
States,  or  this  state,  or  any  other  power,  shall  be  eligible  to  hold  a 
seat  in  the  general  assembly.  But  offices  in  the  militia,  to  which  there 
is  attached  no  annual  salary,  or  the  office  of  justice  of  the  peace,  or 
postmaster,  whose  compensation  does  not  exceed  #100  per  annum,  or 
notary  public,  shall  be  deemed  lucrative. — Iowa  (1857),  Art.  3. 

Sec.  5.  No  member  of  congress  or  officer  of  the  United  States  shall 
be  eligible  to  a seat  in  the  legislature.  If  any  person  after  his  elec- 
tion to  the  legislature,  be  elected  to  congress  or  elected  or  appointed  to 
any 'office  under  the  United  States,  his  acceptance  thereof  shall  vacate 
his  seat. — Kan.  (1859),  Art . 2. 

Art.  104.  No  member  of  congress,  nor  person  holding  or  exercising 
any  office  of  trust  or  profit  under  the  United  States,  or  any  state,  or 
under  any  foreign  power,  shall  be  eligible  as  a member  of  the  general 
assembly,  or  hold  or  exercise  any  office  of  trust  or  profit  under  the 
state.— La.  (1898),  Art.  164. 


Sec.  11.  No  member  of  congress,  nor  person  holding  any  office  under 


59 


the  United  States  (post-officers  excepted)  nor  office  of  profit  under  this 
state,  justices  of  the  peace,  notaries  public,  coroners  and  officers  of 
the  militia  excepted,  shall  have  a seat  in  either  house  during  his  being 
such  member  of  congress,  or  his  continuance  in  such  office. — Me.  (1819), 
Art.  4,  Part.  3. 

Sec.  2.  No  person  holding  the  office  of  justice  of  the  supreme  judicial 
court,  or  of  any  inferior  court,  attorney  general,  county  attorney,  treas- 
urer of  the  state,  adjutant  general,  judge  of  probate,  register  of  pro- 
bate, register  of  deeds,  sheriffs  or  other  deputies,  clerks  of  the  judicial 
courts,  shall  be  a member  of  the  legislature;  and  any  person  holding 
either  of  the  foregoing  offices,  elected  to,  and  accepting  a seat  in  the 
congress  of  the  United  States,  shall  thereby  vacate  said  office;  and 
no  person  shall  be  capable  of  holding  or  exercising  at  the  same  time 
within  this  state,  more  than  one  of  the  offices  before  mentioned. — Me. 
(1819),  Art.  9. 

Sec.  10.  No  member  of  congress,  or  person  holding  any  civil  or 
military  office  under  the  United  States  shall  be  eligible  as  a senator  or 
delegate;  and  if  any  person  shall,  after  his  election  as  senator  or  dele- 
gate, be  elected  to  congress,  or  be  appointed  to  any  office,  civil  or  mil- 
itary, under  the  government  of  the  United  States  his  acceptance  thereof 
shall  vacate  his  seat. — Md.  (1867),  Art.  3. 

Sec.  11.  No  minister  or  preacher  of  the  gospel,  or  of  any  religious 
creed  or  denomination,  and  no  person  holding  any  civil  office  of  profit 
or  trust  under  this  state,  except  justices  of  the  peace,  shall  be  eligible 
as  senator  or  delegate. — Md.  (1867),  Art.  3. 

Art.  8.  No  judge  of  any  court  of  this  commonwealth,  (except  the 
court  of  sessions,)  and  no  person  holding  any  office  under  the  authority 
of  the  United  States,  (postmasters  excepted,)  shall,  at  the  same  time, 
hold  the  office  of  governor,  lieutenant-governor,  or  councillor,  or  have 
a seat  in  the  senate  or  house  of  representatives  of  this  commonwealth; 
and  no  judge  of  any  court  in  this  commonwealth,  (except  the  court  of 
sessions,)  nor  the  attorney-general,  solicitor-general,  county  attorney, 
clerk  of  any  court,  sheriff,  treasurer  and  receiver-general,  register  of 
probate,  nor  register  of  deeds,  shall  continue  to  hold  his  said  office  after 
being  elected  a member  of  the  congress  of  the  United  States,  and  ac- 
cepting that  trust;  but  the  acceptance  of  such  trust,  by  any  of  the  offi- 
cers aforesaid,  shall  be  deemed  and  taken  to  be  a resignation  of  his 
said  office;  and  judges  of  the  courts  of  common  pleas  shall  hold  no 
other  office  under  the  government  of  this  commonwealth,  the  office  of 
justice  of  the  peace  and  militia  offices  excepted. — Mass.  (1780),  Art. 
8 {Arndt.  1821). 

Sec.  4.  No  person  holding  an  office  of  profit  under  the  United  States 
shall  during  his  continuance  in  such  office,  hold  any  office  of  profit  under 
this  state. — Mo.  (1875),  Art.  14. 

Sec.  6.  No  person  holding  office  under  the  authority  of  the  United 
States  or  any  lucrative  office  under  the  authority  of  this  state,  shall  be 


60 


eligible  to,  or  have  a seat  in  the  legislature,  but  this  provision  shall  not 
extend  to  precinct  or  township  officers,  justices  of  the  peace,  notaries 
public,  or  officers  of  the  militia,  nor  shall  any  person  interested  in  a 
contract  with,  or  an  adjusted  claim  against  the  state,  hold  a seat 
in  the  legislature. — Neb.  (1875),  Art.  3. 

Sec.  9.  No  person  holding  any  lucrative  office  under  the  government 
of  the  United  States,  or  any  other  power,  shall  be  eligible  to  any  civil 
office  of  profit  under  this  state:  Provided,  That  postmasters  whose  com- 
pensation does  not  exceed  five  hundred  dollars  per  annum,  or  commis- 
sioners of  deeds,  shall  not  be  deemed  as  holding  a lucrative  office. — 
Nev.  (1864),  Art.  4. 

Art.  94.  No  person  holding  the  office  of  judge  of  any  court  (except 
special  judges),  secretary,  treasurer  of  the  state,  attorney-general,  com- 
missary-general, military  officers  receiving  pay  from  the  continent  or 
this  state  (excepting  officers  of  the  militia  occasionally  called  forth 
on  an  emergency),  register  of  deeds,  sheriffs,  or  officers  of  the  cus- 
toms, including  naval  officers,  collectors  of  excise  and  state  and  con- 
tinental taxes  hereafter  appointed,  and  not  having  settled  their  accounts 
with  the  respective  officers  with  whom  it  is  their  duty  to  settle  such 
accounts,  members  of  congress,  or  any  person  holding  any  office  under 
the  United  States,  shall  at  the  same  time  hold  the  office  of  governor,  or 
have  a seat  in  the  senate  or  house  of  representatives  or  council ; but  his 
being  chosen  and  appointed  to  and  accepting  the  same  shall  operate  as 
a resignation  of  his  seat  in  the  chair,  senate,  or  house  of  representatives, 
or  council,  and  the  place  so  vacated  shall  be  filled  up.  No  member  of 
the  council  shall  have  a seat  in  the  senate  or  house  of  representatives. 
— N.  ff.  Part  2,  Art.  94. 

2.  If  any  member  of  the  senate  or  general  assembly  shall  be  elected 
to  represent  this  state  in  the  senate  or  house  of  representatives  of  the 
United  States,  and  shall  accept  thereof,  or  shall  accept  of  any  office 
or  appointment  under  the  government  of  the  United  States,  his  seat 
in  the  legislature  of  this  state  shall  thereby  be  vacated. — N.  J.  (1844), 
Art.  4,  Sec.  5,  cl.  2. 

3.  No  justice  of  the  supreme  court,  nor  judge  of  any  other  court, 
sheriff,  justice  of  the  peace  nor  any  person  or  persons  possessed  of  any 
office  of  profit  under  the  government  of  this  state,  shall  be  entitled  to 
a seat  either  in  the  senate  or  in  the  general  assembly;  but,  on  being 
elected  and  taking  his  seat,  his  office  shall  be  considered  vacant;  and  no 
person  holding  any  office  of  profit  under  the  government  of  the  United 
States  shall  be  entitled  to  a seat  in  either  house. — N.  J.  (1844),  Art. 
4,  Sec.  5,  cl.  3. 

Sec.  8.  No  person  shall  be  eligible  to  the  legislature,  who  at  the 
time  of  his  election,  is,  or  within  one  hundred  days  previous  thereto 
has  been,  a member  of  congress,  a civil  or  military  officer  under  the 
United  States,  or  an  officer  under  any  city  government.  And  if  any 
person  shall,  after  his  election  as  a member  of  the  legislature,  be  elected 
to  congress,  or  appointed  to  any  office,  civil  or  military,  under  the 


61 


government  of  the  United  States,  or  under  any  city  government,  his 
acceptance  thereof  shall  vacate  his  seat. — N.  Y.  (1894),  Art.  3. 

Sec.  7.  Xo  person,  who  shall  hold  any  office  or  place  of  trust  or  profit 
under  the  United  States,  or  any  department  thereof,  or  under  this  state, 
or  under  any  other  state  or  government,  shall  hold  or  exercise  any 
other  office  or  place  of  trust  or  profit  under  the  authority  of  this  state, 
or  be  eligible  to  a seat  in  either  house  of  the  general  assembly : Pro- 

vided, That  nothing  herein  contained  shall  extend  to  officers  in  the 
militia,  justices  of  the  peace,  commissioners  of  public  charities;  or  com- 
missioners for  special  purposes. — X.  C.  (1875),  Art.  14. 

Sec.  37.  Xo  judge  or  clerk  of  any  court,  secretary  of  state,  attorney 
general,  register  of  deeds,  sheriff  or  person  holding  any  office  of  profit 
under  this  state,  except  in  the  militia  or  the  office  of  attorney  at  law, 
notary  public  or  justice  of  the  peace,  and  no  person  holding  any  office 
of  profit  or  honor  under  any  foreign  government,  or  under  the  govern- 
ment of  the  United  States,  except  postmasters  whose  annual  compensa- 
tion does  not  exceed  the  sum  of  three  hundred  dollars,  shall  hold  any 
office  in  either  branch  of  the  legislature  assembly  or  become  a member 
thereof. — N.  Dak.  (1889),  Art.  2. 

Sec.  4.  Xo  person  holding  office  under  the  authority  of  the  United 
States,  or  any  lucrative  office  under  the  authority  of  this  state,  shall 
be  eligible  to  or  have  a seat  in  the  general  assembly;  but  this  provision 
shall  not  extend  to  township  officers,  justices  of  the  peace  notaries 
public,  or  officers  of  the  militia. — Ohio  (1851),  Art.  2. 

Sec.  18.  Xo  person  shall  serve  as  a member  of  the  Legislature  who  is 
at  the  time  of  such  service,  an  officer  of  the  United  States  or  state 
government,  or  is  receiving  compensation  as  such;  nor  shall  any  person 
be  eligible  to  election  to  the  legislature,  who  has  been  adjudged  guilty 
of  a felony. — Okla.  (1907),  Art.  5. 

Sec.  10.  Xo  person  holding  a lucrative  office  or  appointment  under 
the  United  States,  or  under  this  state,  shall  be  eligible  to  a seat  in  the 
legislative  assembly;  nor  shall  any  person  hold  more  than  one  lucrative 
office  at  the  same  time,  except  as  in  this  constitution  expressly  per- 
mitted : Provided,  That  officers  in  the  militia,  to  which  there  is  attached 
no  annual  salary,  and  the  office  of  postmaster,  where  the  compensation 
does  not  exceed  one  hundred  dollars  per  annum,  shall  not  be  deemed 
lucrative. — Ore.  (1857),  Art.  2. 

Sec.  6.  Xo  person  holding  any  office  under  the  government  of  the 
United  States,  or  of  any  other  state  or  country,  shall  act  as  a general 
officer,  or  as  a member  of  the  general  assembly,  unless  at  the  time  of 
taking  his  engagement  he  shall  have  resigned  his  office  under  such 
government;  and  if  any  general  officer,  senator,  representative  or  judge 
shall,  after  his  election  and  engagement,  accept  any  appointment  under 
any  other  government,  his  office  under  this  shall  be  immediately  vacated ; 
but  this  restriction  shall  not  apply  to  any  person  appointed  to  take 


62 


depositions  or  acknowledgement  of  deeds,  or  other  legal  instruments^ 
by  the  authority  of  any  other  state  or  country. — R.  I.  {1842),  Art.  9. 

Sec.  24.  No  person  shall  be  eligible  to  a seat  in  the  general  assembly 
while  he  holds  any  office  or  position  of  profit  or  trust  under  this  state, 
the  United  States  of  America,  or  any  of  them,  or  under  any  other  power, 
except*  officers  in  the  militia  and  notaries  public ; and  if  any  member 
shall  accept  or  exercise  any  of  the  said  disqualifying  offices  or  positions 
he  shall  vacate  his  seat. — S.  C.  (1895),  Art.  3. 

Sec.  26.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney -general,  register,  clerk  of  any  court  of  record,  or  person  hold- 
ing any  office  under  the  authority  of  the  United  States,  shall  have  a 
seat  in  the  general  assembly,  nor  shall  any  person  in  this  state  hold 
more  than  one  lucrative  office  at  the  same  time:  Provided,  That  no 

appointment  in  the  militia,  or  to  the  office  of  justice  of  the  peace,  shall 
be  considered  a lucrative  office,  or  operative  as  a disqualification  to  a 
seat  in  either  house  of  the  general  assembly. — Tenn.  (1870),  Art.  2. 

Sec.  12.  No  member  of  congress,  nor  person  holding  or  exercising 
any  office  of  profit  or  trust  under  the  United  States,  or  either  of  them, 
or  under  any  foreign  power,  shall  be  eligible  as  a member  of  the  legis- 
lature, or  hold  or  exercise  any  office  of  profit  or  trust  under  this  state* 
—Tex.  (1875),  Art.  16. 

Sec.  19.  No  judge  of  any  court,  secretary  of  state,  attorney  general, 
clerk  of  any  court  of  record,  or  any  person  holding  a lucrative  office 
under  the  United  States,  or  this  state,  or  any  foreign  government,  shall, 
during  the  term  for  which  he  is  elected  or  appointed,  be  eligible  to  the 
legislature. — Tew.  (1875),  Art.  3. 

Sec.  6.  No  person  holding  any  public  office  of  profit  or  trust  under 
authority  of  the  United  States,  or  of  this  state,  shall  be  a member  of 
the  legislature:  Provided,  That  appointments  in  the  state  militia,  and 

the  offices  of  notary  public,  justice  of  the  peace,  United  States  com- 
missioner, and  postmaster  of  the  fourth  class,  shall  not,  within  the 
meaning  of  this  section,  be  considered  offices  of  profit  or  trust. — Utah 
i 1896),  Art.  6. 

Sec.  14.  No  person,  being  a member  of  congress,  or  holding  any 
civil  or  military  office  under  the  United  States  or  any  other  power,  shall 
be  eligible  to  be  a member  of  the  legislature;  and  if  any  person  after 
his  election  as  a member  of  the  legislature  shall  be  elected  to  congress 
or  be  appointed  to  any  other  office,  civil  or  military,  under  the  govern- 
ment of  the  United  States,  or  any  other  power,  his  acceptance  thereof 
shall  vacate  his  seat:  Provided,  That  officers  of  the  militia  of  the 
state  who  receive  no  annual  salary,  local  officers  and  postmasters,  whose 
compensation  does  not  exceed  three  hundred  dollars  per  annum,  shall 
not  be  ineligible. — Wash.  (1889),  Art.  2. 

Sec.  13.  No  person  holding  a lucrative  office  under  this  state,  the 
United  States,  or  any  foreign  government;  no  member  of  congress;  no 


63 


person  who  is  a salaried  officer  of  any  railroad  company,  or  who  is 
sheriff,  constable,  or  clerk  of  any  court  of  record,  shall  be  eligible  to  a 
seat  in  the  legislature. — W.  Va.  (1872),  Art.  6. 

Sec.  13.  No  person  being  a member  of  congress,  or  holding  any  mil- 
itary or  civil  office  under  the  United  States,  shall  be  eligible  to  a seat 
in  the  legislature,  and  if  any  person  shall,  after  his  election  as  a mem- 
ber of  the  legislature,  be  elected  to  congress,  or  be  appointed  to  any 
office,  civil  or  military,  under  the  government  of  the  United  States, 
his  acceptance  thereof  shall  vacate  his  seat.— Wis.  (1848),  Art.  4. 


PRIVILEGES  OF  MEMBERS. 

(11)  Sec.  7.  Senators  and  representatives  shall  in  all  cases , ex- 
cept treason , felony , or  breach  of  the  peace , be  privileged  from  arrest. 
They  shall  not  be  subject  to  any  civil  process  during  the  session  of  the 
legislature,  or  for  fifteen  days  next  before  the  commencement  and  after 
the  termination  of  eaeh  session.  They  shall  not  be  questioned  in  any 
other  place  for  any  speech  in  either  house. — Mich.  (1850),  Art.  4. 

Sec.  56.  Members  of  the  legislature  shall  in  all  cases,  except  treason, 
felony,  violation  of  their  oath  of  office,  and  breach  of  the  peace,  be  privi- 
leged from  arrest  during  their  attendance  at  the  session  of  their  re- 
spective houses,  and  in  going  to  and  returning  from  the  same;  and  for 
any  speech  or  bebate  in  either  house  they  shall  not  be  questioned  in 
any  other  place. — Ala.  (1901),  Art.  4. 

Sec.  15.  The  members  of  the  general  assembly  shall,  in  all  cases 
except  treason,  felony  and  breach  or  surety  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  sessions  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same;  and  for  any 
speech  or  debate  in  either  house  they  shall  not  be  questioned  in  any 
other  place. — Ala.  (1874),  Art.  5. 

Sec.  11.  Members  of  the  legislature  shall,  in  all  cases,  except  treason, 
felony,  and  breach  of  the  peace,  be  privileged  from  arrest,  and  shall 
not  be  subject  to  any  civil  process  during  the  session  of  the  legislature, 
nor  for  fifteen  day  next  before  the  commencement  and  after  the  termina- 
tion of  each  session. — Cal.  (1880),  Art.  4. 

Sec.  16.  The  members  of  the  general  assembly  shall  in  all  cases  ex- 
cept treason,  felony,  violation  of  their  oath  of  office,  and  breach  or 
surety  of  the  peace,  be  privileged  from  arrest  during  their  attendance 
at  the  sessions  of  their  respective  houses,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speaeli  or  debate  in  either  house  they  shall 
not  be  questioned  in  any  other  place. — Colo.  (1876),  Art.  5. 

Sec.  10.  The  senators  and  representatives  shall,  in  all  cases  of  civil 
process,  be  privileged  from  arrest  during  the  session  of  the  general  as- 
sembly, and  for  four  days  before  the  commencement  and  after  the  term- 
ination of  any  session  thereof.  And  for  any  speech  or  debate  in  either 


64 


house,  they  shall  not  be  questioned  in  any  other  place. — Conn.  (1818), 
Art.  3. 

Sec.  13.  The  senators  and  representatiyes  shall,  in  all  cases,  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing their  attendance  at  the  session  of  their  respective  houses,  and  in 
going  to  and  returning  from  the  same;  and  for  any  speech  or  debate  in 
either  house  they  shall  not  be  questioned  in  any  other  place. — Del. 
(1897),  Art.  2. 

Sec.  7.  Par.  3.  The  members  of  both  houses  shall  be  free  from  arrest 
during  their  attendance  on  the  general  assembly  and  in  going  thereto 
or  returning  therefrom,  except  for  treason,  felony,  larceny,  or  breach  of 
the  peace;  and  no  member  shall  be  liable  to  answer  in  any  other  place 
for  anything  spoken  in  debate  in  either  house. — Ga.  (1877),  Art.  3. 

Sec.  7.  Senators  and  representatives,  in  all  cases  except  for  treason, 
felony,  or  breach  of  the  peace,  shall  be  privileged  from  arrest  during 
the  session  of  the  legislature,  and  in  going  to  and  returning  from  the 
same,  and  shall  not  be  liable  to  any  civil  process  during  the  session  of 
the  legislature,  nor  during  the  ten  days  next  before  the  commencement 
thereof ; nor  shall  a member  for  words  uttered  in  debate  in  either  house 
be  questioned  in  any  other  place. — Idaho  (1889),  Art.  3. 

Sec.  14.  Senators  and  representatives  shall,  in  all  cases,  except  trea- 
son, felony  or  breach  of  the  peace,  be  privileged  from  arrest  during 
the  session  of  the  general  assembly,  and  in  going  to  and  returning  from 
the  same;  and  for  any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place. — III.  (1870),  Art.  4. 

Sec.  8.  Senators  and  representatives,  in  all  cases  except  treason, 
felony,  and  breach  of  the  peace,  shall  be  privileged  from  arrest  during 
the  session  of  the  general  assembly,  and  in  going  to  and  returning  from 
the  same;  and  shall  not  be  subject  to  any  civil  process  during  the 
session  of  the  general  assembly,  nor  during  the  fifteen  days  next  before 
the  commencement  thereof.  For  any  speech  or  debate  in  either  house, 
a member  shall  not  be  questioned  in  anv  other  place. — Ind.  (1851),  Art. 
4. 


Sec.  11.  Senators  and  representatives,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace  shall  be  privileged  from  arrest  during  the 
session  of  the  general  assembly  and  in  going  to  or  returning  from  the 
same. — Ioiva  (1857),  Art.  3. 

Sec.  22.  For  any  speech  or  debate  in  either  house  the  members  shall 
not  be  questioned  elsewhere.  No  member  of  the  legislature  shall  be 
subject  to  arrest — except  for  felony  or  breach  of  the  peace — in  going 
to,  or  returning  from,  the  place  of  meeting,  or  during  the  continuance 
of  the  session;  neither  shall  he  be  subject  to  the  service  of  any  civil 
process  during  the  session,  nor  for  fifteen  days  previous  to  its  com- 
mencement.— Kan.  (1859),  Art.  2. 


65 


Sec.  43.  The  members  of  the  general  assembly  shall,  in  all  cases  except 
treason,  felony,  breach  or  surety  of  the  peace,  be  priyileged  from  arrest 
during  their  attendance  on  the  sessions  of  their  respectiye  houses,  and 
in  going  to  and  returning  from  the  same;  and  for  any  speech  or  debate 
in  either  house  they  shall  not  be  questioned  in  any  other  place. — Ky. 
(1891),  Sec.  43. 

Art.  28.  The  members  of  the  general  assembly  shall  in  all  cases,  ex- 
cept treason,  felony,  or  breach  of  the  peace,  be  priyileged  from  arrest 
during  their  attendance  at  the  sessions  of  their  respectiye  houses,  and 
in  going  to  and  returning  from  the  same;  and  for  any  speech  or  de- 
bate in  either  house  they  shall  not  be  questioned  in  any  other  place. — 
La.  (1898),  Art.  28. 

Sec.  8.  The  senators  and  representatiyes  shall,  in  all  cases  except 
treason,  felony  or  breach  of  the  peace,  be  priyileged  from  arrest  during 
their  attendance  at,  going  to,  and  returning  from  each  session  of  the 
legislature;  and  no  member  shall  be  liable  to  answer  for  anything 
spoken  in  debate  in  either  house,  in  any  court  or  place  elsewhere. — 
Me.  (1819),  Art.  4,  Part  3. 

Art.  10.  That  freedom  of  speech  and  debate,  or  proceedings  in  the 
legislature,  ought  not  to  be  impeached  in  any  court  of  judicature. — Md. 
(1867),  Dec.  of  Rights. 

Sec.  18.  Xo  senator  or  delegate  shall  be  liable  in  any  ciyil  action 
or  criminal  prosecution  whateyer  for  words  spoken  in  debate. — Md. 
(1867),  Art.  3. 

Art.  21.  The  freedom  of  deliberation,  speech,  and  debate,  in  either 
house  of  the  legislature,  is  so  essential  to  the  rights  of  the  people,  that 
it  cannot  be  the  foundation  of  any  accusation  or  prosecution,  action 
or  complaint,  in  any  other  court  or  place  whatsoeyer. — Mass.  (1780), 
Part  1. 


Sec.  8.  The  members  of  each  house  shall  in  all  cases,  except  treason, 
felony,  and  breach  of  the  peace,  be  priyileged  from  arrest  during  the 
session  of  their  respectiye  houses,  and  in  going  to  or  returning  from 
the  same.  For  any  speech  or  debate  in  either  house  they  shall  not 
be  questioned  in  any  other  place. — Minn.  (1857),  Art.  4. 

Sec.  48.  Senators  and  representatiyes  shall,  in  all  cases,  except  trea- 
son, felony,  theft,  or  breach  of  the  peace,  be  priyileged  from  arrest  dur- 
ing the  session  of  the  legislature,  and  for  fifteen  days  before  the  com- 
mencement and  after  the  termination  of  each  session. — Miss.  (1890), 
Aid.  4. 

Sec.  12.  Senators  and  representatiyes  shall,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  priyileged  from  arrest  during 
the  session  of  the  general  assembly,  and  for  fifteen  days  next  before 
the  commencement  and  after  the  termination  of  each  session ; and  for 
9 — Legislative  Dept. 


66 


any  speech  or  debate  in  either  house  they  shall  not  be  questioned  in  any 
other  place. — Mo.  (1875),  Art.  14. 

Sec.  15.  The  members  of  the  legislative  assembly  shall,  in  all  cases, 
except  treason,  felony,  violation  of  their  oath  of  office  and  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  the  ses- 
sions of  their  respective  houses,  and  in  going  to  and  returning  from 
the  same;  and  for  any  speech  or  debate  in  either  house  they  shall  not 
be  questioned  in  any  other  place. — Mont.  (1889),  Art.  5. 

Sec.  12.  Members  of  the  legislature  in  all  cases  except  treason,  felony 
or  breach  of  the  peace,  shall  be  privileged  from  arrest  during  the  session 
of  the  legislature,  and  for  fifteen  days  next  before  the  commencement 
and  after  the  termination  thereof. — Neb.  (1875),  Art.  3. 

Sec.  23.  No  member  of  the  legislature  shall  be  liable  in  any  civil 
or  criminal  action  whatever  for  words  spoken  in  debate. — Neb.  (1875)  , 
Art.  3. 


Sec.  11.  Members  of  the  legislature  shall  be  privileged  from  arrest 
on  civil  process  during  the  session  of  the  legislature,  and  for  fifteen 
days  next  before  the  commencement  of  each  session. — Nev.  (1864),  Art. 
4. 


Art.  30.  The  freedom  of  deliberation,  speech,  and  debate  in  either 
house  of  the  legislature  is  so  essential  to  the  rights  of  the  people,  that 
it  cannot  be  the  foundation  of  any  action,  complaint,  or  prosecution 
in  any  other  court  or  place  whatsoever. — N.  H.,  Part  1,  Art.  30. 

Art.  20.  No  member  of  the  house  of  representatives  or  senate  shall 
be  arrested  or  held  to  bail  on  mesne  process  during  his  going  to,  re- 
turning from,  or  attendance  upon,  the  court. — N.  H.,  Part  2,  Art.  20. 

8.  Members  of  the  senate  and  general  assembly  shall,  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  sitting  of  their  respective  houses,  and 
in  going  to  and  returning  from  the  same;  and  for  any  speech  or  debate, 
in  either  house,  they  shall  not  be  questioned  in  any  other  place. — N.  J. 
(1844),  Art.  4,  Sec.  4,  Cl.  8. 

Sec.  12.  For  any  sj>eech  or  debate  in  either  house  of  the  legisla- 
ture, the  members  shall  not  be  questioned  in  any  other  place. — N.  Y. 
(1894),  Art.  3. 

Sec.  42.  The  members  of  the  legislative  assembly  shall  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from  ar- 
rest during  their  attendance  at  the  sessions  of  their  respective  houses, 
and  in  going  to  or  returning  from  the  same.  For  words  used  in  any 
speech  or  debate  in  either  house,  thev  shall  not  be  questioned  in  any 
other  place.— N.  Dak.  (1889),  Art.  2. 


Sec.  12.  Senators  and  representatives,  during  the  session  of  the  gen- 


07 


eral  assembly,  and  in  going  to,  and  returning  from  the  same,  shall  be 
privileged  from  arrest,  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace;  and  for  any  speech,  or  debate,  in  either  house,  they  shall  not 
be  questioned  elsewhere. — Ohio  (1851),  Art.  2. 

Sec.  22.  Senators  and  representatives  shall,  except  for  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  during  the  session  of 
the  legislature,  and  in  going  to  and  returning  from  the  same,  and,  for 
anv  speech  or  debate  in  either  house,  shall  not  be  questioned  in  any  other 
place. — Okla.  (1907),  Art.  5. 

Sec.  9.  Senators  and  representatives  in  all  cases  except  for  treason, 
felony,  or  breaches  of  the  peace,  shall  be  privileged  from  arrest  during 
the  session  of  the  legislative  assembly,  and  in  going  to  and  returning 
from  the  same;  and  shall  not  be  subject  to  any  civil  process  during  the 
session  of  the  legislative  assembly,  nor  during  the  fifteen  days  next 
before  the  commencement  thereof.  Nor  shall  a member,  for  words 
uttered  in  debate  in  either  house,  be  questioned  in  any  other  place. — 
Ore.  (1857),  Art.  4. 

Sec.  15.  The  members  of  the  general  assembly  shall  in  all  cases 
except  treason,  felony,  violation  of  their  oath  of  office  and  breach  or 
surety  of  the  peace,  be  privileged  from  arrest  during  their  attendance 
at  the  sessions  of  their  respective  houses  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house  they  shall 
not  be  questioned  in  any  other  place. — Pa.  (1873),  Art.  2. 

Sec.  5.  The  person  of  every  member  of  the  general  assembly  shall 
be  exempt  from  arrest,  and  his  estate  from  attachment  in  any  civil  ac- 
tion, during  the  session  of  the  general  assembly,  and  two  days  before  the 
commencement  and  two  days  after  the  termination  thereof,  and  all 
process  served  contrary  hereto  shall  be  void.  For  any  speech  in  de- 
bate in  either  house,  no  member  shall  be  questioned  in  anv  other  place. 
— R.  I.  (1842),  Art.  4. 

Sec.  14.  The  members  of  both  houses  shall  be  protected  in  their 
persons  and  estates  during  their  attendance  on,  going  to  and  returning 
from  the  general  assembly,  and  ten  days  previous  to  the  sitting  and 
ten  days  after  the  adjournment  thereof.  But  these  privileges  shall  not 
protect  any  member  who  shall  be  charged  with  treason,  felony  or  breach 
of  the  peace. — 8.  C.  (1895),  Art.  3. 

Sec.  11.  Senators  and  representatives  shall,  in  all  cases  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  legislature,  and  in  going  to  and  returning  from  the' same; 
and  for  words  used  in  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place. — 8.  D.  (1889),  Art.  3. 

Sec.  13.  Senators  and  representatives  shall  in  all  cases,  except  trea- 
son, felony,  or  breach  of  the  pegee,  be  privileged  from  arrest  during  the 
session  of  the  general  assembly,  and  in  going  to  and  [“or”  in  constitu- 
tion of  1796]  returning  from  the  same;  and  for  any  speech  or  debate 


68 


in  either  house,  they  shall  not  be  questioned  in  any  other  place.  (Con- 
stitution of  1796,  Art.  1,  Sec.  10.) — Term.  (1870),  Art.  2. 

Sec.  14.  Senators  and  representatives  shall,  except  in  cases  of  trea- 
son, felony  or  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session  of  the  legislature,  and  in  going  to  and  returning  from  the  same, 
allowing  one  day  for  every  twenty  miles  such  member  may  reside  from 
the  place  at  which  the  legislature  is  convened. — Tex.  (1875)  , Art.  3. 

Sec.  21.  No  member  shall  be  questioned  in  any  other  place  for  words 
spoken  in  debate  in  either  house. — Tex.  (1875),  Art.  3. 

Sec.  8.  Members  of  the  legislature,  in  all  cases  except  treason,  felony, 
or  breach  of  the  peace,  shall  be  privileged  from  arrest  during  each  ses- 
sion of  the  legislature,  for  fifteen  days  next  preceding  each  session,  and 
in  returning  therefrom : and  for  words  used  in  any  speech  or  debate 
in  either  house,  they  shall  not  be  questioned  in  any  other  place. — Utah 
(1896),  Art.  6. 

Art.  14.  The  freedom  of  deliberation,  speech,  and  debate,  in  the  leg- 
islature, is  so  essential  to  the  rights  of  the  people,  that  it  cannot  be 
the  foundation  of  any  accusation  or  prosecution,  action  or  complaint, 
in  any  other  court  or  place  whatsoever. — Vt.  (1793),  Chap.  1,  Art.  14. 

Sec.  48.  Members  of  the  general  assembly  shall,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during 
the  sessions  of  their  respective  houses;  and  for  any  speech  or  debate  in 
either  house  shall  not  be  questioned  in  any  other  place.  They  shall  not 
be  subject  to  arrest,  under  any  civil  process,  during  the  sessions  of 
the  general  assembly,  or  the  fifteen  days  next  before  the  beginning  or 
after  the  ending  of  any  session. — Va.  (1902),  Art.  4. 

Sec.  16.  Members  of  the  legislature  shall  be  privileged  from  arrest 
in  all  cases  except  treason,  felony  and  breach  of  the  peace;  they  shall 
not  be  subject  to  any  civil  process  during  the  session  of  the  legislature, 
nor  for  fifteen  days  next  before  the  commencement  of  each  session. — 
Wash.  (1889),  AH.  2. 

Sec.  17.  No  member  of  the  legislature  shall  be  liable  in  any  civil 
action  or  criminal  prosecution  whatever  for  words  spoken  in  debate. — 
Wash.  (1889),  Art.  2. 


Sec.  17.  Members  of  the  legislature  shall,  in  all  cases  except  treason, 
felony,  and  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session,  and  for  ten  days  before  and  after  the  same;  and  for  words 
spoken  in  debate,  or  any  report,  motion  or  proposition  made  in  either 
house,  a member  shall  not  be  questioned  in  any  other  place. — W.  Va. 
(1872),  Art.  6. 

Sec.  15.  Members  of  the  legislature  shall  in  all  cases,  except  treason, 
felony  and  breach  of  the  peace,  be  privileged  from  arrest;  nor  shall 
they  be  subject  to  any  civil  process,  during  the  session  of  the  legislature, 


69 


nor  for  fifteen  days  next  before  the  commencement  and  after  the  termi- 
nation of  each  session. — Wis.  (1848),  Art.  4. 

Sec.  16.  No  member  of  the  legislature  shall  be  liable  in  any  civil 
action,  or  criminal  prosecution  whatever,  for  words  spoken  in  debate. — 
Wis.  (1848),  Art.  4. 

Sec.  16.  The  members  of  the  legislature  shall,  in  all  cases,  except 
treason,  felony,  violation  of  their  oath  of  office  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at  the  sessions  of  their 
respective  houses,  and  in  going  to  and  returning  from  the  same;  and  for 
any  speech  or  debate  in  either  house  they  shall  not  be  questioned  in  any 
other  place. — Wyo.  (1889),  Art.  3. 


quorum;  adjournment;  absentees. 

(12)  Sec.  8.  A majority  of  each  house  shall  constitute  a quorum 
to  do  business;  but  a smaller  number  may  adjourn  from  day  to  day ; 
and  compel  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  each  house  may  prescribe. — Mich.  (1850)  , Art.  4. 

Sec.  52.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business;  but  a smaller  number  may  adjourn  from  day  to  day  and 
compel  the  attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties  as  each  house  may  provide. — Ala.  (1901),  Art.  4. 

Sec.  8.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business,  but  a small  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  each  house  may  provide. — Cal.  (1880),  Art.  4. 

Sec.  11.  A majority  of  each  house  shall  constitute  a quorum,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  compel  the  attendance 
of  absent  members. — Colo.  (1876),  Art.  5. 

Sec.  11.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business,  but  a smaller  number  may  adjourn  from  day  to  day,  and  com- 
pel the  presence  of  absent  members  in  such  manner  and  under  such 
penalties  as  it  may  prescribe. — Fla.  (1885),  Art.  3. 

Sec.  4.  Par.  4.  A majority  of  each  house  shall  constitute  a quorum 
to  transact  business ; but  a smaller  number  may  adjourn  from  day  to  day 
and  compel  the  presence  of  its  absent  members  as  each  house  may  pro- 
vide.— Ga.  (1877),  Art.  3. 

Sec.  10.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business,  but  a smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  such  house  may  provide.  A quorum  being  in  attend- 
ance, if  either  house  fail  to  affect  an  organization  within  the  first  four 
days  thereafter,  the  members  of  the  house  so  failing  shall  be  entitled  to  no 


V 


70 


compensation  from  the  end  of  the  said  four  days  until  an  organization 
shall  have  been  effected. — Idaho  (1889),  Art.  3. 

Sec.  11.  Two-thirds  of  each  house  shall  constitute  a quorum  to  do 
business;  but  a smaller  number  may  meet,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.  A quorum  being  in  at- 
tendance, if  either  house  fail  to  effect  an  organization  within  the  first 
five  days  thereafter,  the  members  of  the  house  so  failing  shall  be  en- 
titled to  no  compensation  from  the  end  of  the  said  five  days,  until  an 
organization  shall  have  been  effected. — Ind.  (1851).  Art.  4. 

Sec.  8.  A majority  of  each  house  shall  constitute  a quorum  to  tran- 
sact business;  but  a smaller  number  may  adjourn  from  day  to  day.  and 
may  compel  the  attendance  of  absent  members  in  such  manner  and  un- 
der such  penalties  as  each  house  may  provide. — Ioica  (1857),  Art.  3. 

Sec.  8.  A majority  of  each  house  shall  constitute  a quorum.  Each 
house  shall  establish  its  own  rules,  and  shall  be  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members. — Kan.  (1859).  Art.  2. 

Sec.  37.  Not  less  than  a majority  of  the  members  of  each  house- of 
the  general  assembly  shall  constitute  a quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  shall  be  authorized 
by  law  to  compel  the  attendance  of  absent  members  in  such  manner 
and  under  such  penalties  as  may  be  prescribed  by  law. — Ky.  (1891), 
Sec.  37. 

Art.  34.  Not  less  than  a majority  of  the  members  of  each  house  of 
the  general  assembly  shall  form  a quorum  to  transact  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  shall  have  power 
to  compel  the  attendance  of  absent  members. — La.  (1898),  Arf.  34. 

Sec.  20.  A majority  of  the  whole  number  of  members  elected  to  each 
house  shall  constitute  a quorum  for  the  transaction  of  business;  but  a 
smaller  number  may  adjourn  from  day  to  day.  and  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such  penalties  as  each 
house  may  prescribe. — Aid.  (1867),  Art . 3. 

Art.  33.  A majority  of  the  members  of  each  branch  of  the  general 
court  shall  constitute  a quorum  for  the  transaction  of  business,  but  a 
less  number  may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members.  All  the  provisions  of  the  existing  constitution  in- 
consistent with  the  provisions  herein  contained  are  hereby  annulled. — 
Mass.  (1780),  Art.  33  (Arndt.  1891). 

Sec.  54.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business;  but  a less  number  may  adjourn  from  day  to  day,  and  compel 
the  attendance  of  absent  members  in  such  manner  and  under  such  pen- 
alties as  each  shall  provide. — Miss.  (1890),  Art.  4. 

Sec.  18.  A majority  of  the  whole  number  of  members  of  each  house 
shall  constitute  a quorum  to  do  business;  but  a smaller  number  may 


71 


adjourn  from  day  to  day,  and  may  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. — Mo.  (1875),  Art.  4. 

Sec.  10.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business,  but  a smaller  number  may  adjourn  from  day  to  day,  and  com- 
pel the  attendance  of  absent  members  in  such  manner  and  under  such 
penalties  as  each  house  may  prescribe. — Mont.  (1889),  Art.  5. 

Sec.  7.  The  session  of  the  legislature  shall  commence  at  2 o’clock 
(noon)  on  the  first  Tuesday  in  January  in  the  year  next  ensuing  the 
election  of  members  thereof,  and  at  no  other  time,  unless  as  provided  by 
this  constitution.  A majority  of  the  members  elected  to  each  house  shall 
constitute  a quorum ; each  house  shall  determine  the  rules  of  its  pro- 
ceedings, and  be  the  judge  of  the  election,  returns,  and  qualifications 
of  its  members,  shall  choose  its  own  officers,  and  the  senate  shall  choose 
a temporary  president,  to  preside  when  the  lieutenant-governor  shall  not 
attend  as  president,  or  shall  act  as  governor.  The  secretary  of  state 
shall  call  the  house  of  representatives  to  order  at  the  opening  of  each 
new  legislature,  and  preside  over  it  until  a temporary  presiding  officer 
thereof  shall  have  been  chosen,  and  shall  have  taken  his  seat.  No  mem- 
ber shall  be  expelled  by  either  house,  except  by  a vote  of  two-thirds  of 
all  the  members  elected  to  that  house,  and  no  member  shall  be  twice 
expelled  for  the  same  offense.  Each  house  may  punish  by  imprisonment 
any  person  not  a member  thereof  who  shall  be  guilty  of  disrespect  to 
the  house,  by  disorderly  or  contemptuous  behavior  in  its  presence,  but 
no  such  imprisonment  shall  extend  beyond  twenty-four  hours  at  one 
time,  unless  the  person  shall  persist  in  such  disorderly  or  contemptuous 
behavior. — Neb.  (1875),  Art.  3. 

Sec.  13.  A majority  of  all  the  members  elected  to  each  house  shall 
constitute  a quorum  to  transact  business,  but  a smaller  number  may 
adjourn,  from  day  to  day,  and  may  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each  house  may 
prescribe. — Nev.  (1864),  Art.  4. 

Art.  19.  A majority  of  the  members  of  the  house  of  representatives 
shall  be  a quorum  for  doing  business,  but,  when  less  than  two-thirds 
of  the  representatives  elected  shall  be  present,  the  assent  of  two-thirds 
to  those  members  shall  be  necessarv  to  render  their  acts  and  proceedings 
valid. — -N.  H.,  Part  2,  Art.  19. 

Sec.  10.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business.  Each  house  shall  determine  the  rules  of  its  own  proceedings, 
and  be  the  judge  of  the  elections,  returns  and  qualifications  of  its  own 
members;  shall  choose  its  own  officers;  and  the  senate  shall  choose  a 
temporary  president  to  preside  in  case  of  the  absence  or  impeachment 
of  the  lieutenant-governor,  or  when  he  shall  refuse  to  act  as  president, 
or  shall  act  as  governor. — N.  Y.  (1894),  Art.  3. 

Sec.  46.  A majority  of  the  members  of  each  house  shall  constitute  a 
quorum,  but  a smaller  number  may  adjourn  from  day  to  day,  and  may 


compel  the  attendance  of  absent  members,  in  such  a manner,  and  under 
such  a penalty,  as  may  be  prescribed  by  law. — N.  Dak.  (1889),  Art.  2. 

Sec.  12.  Two-thirds  of  each  house  shall  constitute  a quorum  to  do 
business,  but  a smaller  number  may  meet,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.  A quorum  being  in 
attendance,  if  either  house  fail  to  effect  an  organization  within  the  first 
five  days  thereafter,  the  members  of  the  house  so  failing  shall  be  en- 
titled to  no  compensation  from  the  end  of  the  said  five  days  until  an  or- 
ganization shall  have  been  effected. — Ore.  (1857),  Art.  4. 

Sec.  10.  A majority  of  each  house  shall  constitute  a quorum,  but  a 
smaller  number  may  adjourn  from  day  to  day  and  compel  the  attendance 
of  absent  members. — Pa.  (1873),  Art.  2. 

Sec.  8.  A quorum  of  the  grand  committee  shall  consist  of  a majority 
of  all  the  members  of  the  senate  and  a majority  of  all  the  members 
of  the  house  of  representatives  duly  assembled  pursuant  to  an  invi- 
tation from  one  of  said  bodies  which  has  been  accepted  by  the  other, 
and  the  acceptance  of  which  has  been  communicated  by  message  to  the 
body  in  which  such  invitation  originated,  and  each  house  shall  be  at- 
tended by  its  secretaries  and  clerks.  No  act  or  business  of  any  kind 
shall  be  done  in  grand  committee  other  than  that  which  is  distinctly 
specified  in  the  invitation  by  virtue  of  which  such  grand  committee  is 
assembled,  except  to  take  a recess  or  to  dissolve:  Provided , That  the 
grand  committee  may  appoint  a sub  committee  of  its  own  members  to 
count  anv  ballots  delivered  to  it  and  report  the  result  of  such  count. — 
R.  I.  (1842),  Arndt.  Art.  11. 


Sec.  10.  Two-thirds  of  each  house  shall  constitute  a quorum  to  do 
business,  but  a smaller  number  may  adjourn  from  day  to  day,  and  com- 
pel the  attendance  of  absent  members,  in  such  manner  and  under  such 
penalties  as  each  house  may  provide. — Tex.  (1875),  Art.  3. 

/ 

Sec.  11.  A majority  of  the  members  of  each  house  shall  constitute 
a quorum  to  transact  business,  but  a smaller  number  may  adjourn  from 
day  to  day,  and  may  compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  each  house  mav  prescribe. — Utah 
(1896),  Art.  6. 

Sec.  24.  A majority  of  the  members  elected  to  each  house  of  the  leg- 
islature, shall  constitute  a quorum.  But  a smaller  number  may  ad- 
journ from  day  to  day,  and  shall  be  authorized  to  compel  the  attendance 
of  absent  members,  as  each  house  may  provide.  Each  house  shall  de- 
termine the  rules  of  its  proceedings  and  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members.  The  senate  shall  choose, 
from  its  own  body,  a president;  and  the  house  of  delegates,  from  its  own 
body,  a speaker.  Each  house  shall  appoint  its  own  officers,  and  remove 
them  at  pleasure.  The  oldest  delegate  present  shall  call  the  house  to 
order,  at  the  opening  of  each  new  house  of  delegates,  and  preside  over  it 
until  the  speaker  thereof  shall  have  been  chosen,  and  have  taken  his 
seat.  The  oldest  member  of  the  senate  present  at  the  commencement  of 


73 


each  regular  session  thereof,  shall  call  the  senate  to  order,  and  preside 
over  the  same  until  a president  of  the  senate  shall  have  been  chosen  and 
have  taken  his  seat. — W.  Va.  (1872),  Art.  6. 

Sec.  11.  A majority  of  each  house  shall  constitute  a quorum  to  do 
business,  but  a smaller  number  may  adjourn  from  day  to  day,  and  com- 
pel the  attendance  of  absent  members  in  such  manner  and  under  such 
penalties  as  each  house  may  prescribe. — Wyo.  (1889),  Art.  3. 


officers;  rules;  qualification,  election  and  return  of  members; 

EXPULSION. 

(13)  Section  9.  Each  house  shall  choose  its  own  officers,  determine 
the  rules  of  its  proceedings  and  judge  of  the  qualifications,  elections 
and  returns  of  its  members,  and  may , with  the  concurrence  of  two 
thirds  of  all  the  members  elected,  expel  a member.  No  member  shall 
be  expelled  a seco'nd  time  for  the  same  cause,  nor  for  any  cause  known 
to  his  constituents  antecedent  to  his  election ; the  reason  for  such  ex- 
pulsion shall  be  entered  upon  the  journal,  with  the  names  of  the  mem- 
bers voting  on  the  question. — Mich.  (1850),  Art.  4. 

Sec.  51.  The  senate,  at  the  beginning  of  each  regular  session,  and 
at  such  other  times  as  may  be  necessary,  shall  elect  one  of  its  members 
president  pro  tem  thereof,  to  preside  over  its  deliberations  in  the  absence 
of  the  lieutenant-governor;  and  the  house  of  representatives,  at  the  be- 
ginning of  each  regular  session,  and  at  such  other  times  as  may  be  nec- 
essary, shall  elect  one  of  its  members  as  speaker;  and  the  president  of 
the  senate  and  the  speaker  of  the  house  of  representatives  shall  hold 
their  offices,  respectively,  until  their  successors  are  elected  and  qualified. 
In  case  of  the  temporary  disability  of  either  of  said  presiding  officers, 
the  house  to  which  he  belongs  may  elect  one  of  its  members  to  preside 
over  that  house,  and  to  perform  all  the  duties  of  such  officer  during  the 
continuance  of  his  disability;  and  such  temporary  officer,  while  per- 
forming duty  as  such,  shall  receive  the  same  compensation  to  which  the 
permanent  officer  is  entitled  by  law,  and  no  other.  Each  house  shall 
choose  its  own  officers,  and  shall  judge  of  the  election,  returns  and 
qualifications  of  its  members. — Ala.  (1901),  Art.  4. 

Sec.  53.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  to  punish  its  members  and  other  persons,  for  contempt 
or  disorderly  behavior  in  its  presence;  to  enforce  obedience  to  its  pro- 
cesses; to  protect  its  members  against  violence  or  offers  of  bribery  or 
corrupt  solicitation ; and,  with  the  concurrence  of  two-thirds  of  the  house, 
to  expel  a member,  but  not  a second  time  for  the  same  offense;  and  the 
two  houses  shall  have  all  the  powers  necessary  for  the  legislature  of 
a free  state. — Ala.  (1901),  Art.  4. 

Sec.  67.  The  legislature  shall  prescribe  by  law  the  number,  duties 
and  compensation  of  the  officers  and  employes  of  each  house,  and  no 
payment  shall  be  made  from  the  state  treasury  or  be  in  any  way  au- 
thorized to  any  person  except  to  an  acting  officer  or  employe  elected 
or  appointed  in  pursuance  of  law. — Ala.  (1901),  Art.  4. 

10 — Legislative  Dept. 


74 


Sec.  11.  Each  house  shall  appoint  its  own  officers,  and  shall  be  sole 
judge  of  the  qualifications,  returns  and  elections  of  its  own  members. 
A majority  of  all  the  members  elected  to  each  house  shall  constitute  a 
quorum  to  do  business;  but  a smaller  number  may  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members  in  such  manner 
and  under  such  penalties  as  each  house  shall  provide. — Ark.  (1874)  r 
Art.  5. 

Sec.  12.  Each  house  shall  have  the  power  to  determine  the  rules  of 
its  proceedings;  and  punish  its  members  or  other  persons  for  contempt 
or  disorderly  behavior  in  its  presence;  enforce  obedience  to  its  process; 
to  protect  its  members  against  violence  or  offers  of  bribes  or  private 
solicitations;  and,  with  the  concurrence  of  two-thirds,  expel  a member, 
but  not  a second  time  for  the  same  cause.  A member  expelled  for  cor- 
ruption shall  not  thereafter  be  eligible  to  either  house;  and  punishment 
for  contempt  or  disorderly  behavior  shall  not  bar  an  indictment  for  the 
same  offense.  Each  house  shall  keep  a journal  of  its  proceedings  and 
from  time  to  time  publish  the  same,  except  such  parts  as  require 
secrecy;  and  the  yeas  and  nays  on  any  question  shall,  at  the  desire  of 
any  five  members,  be  entered  on  the  journals. — Ark.  (1874),  Art.  5. 

Sec.  18.  Each  house,  at  the  beginning  of  every  regular  session  of 
the  general  assembly,  and  whenever  a vacancy  may  occur,  shall  elect 
from  its  members  a presiding  officer  to  be  styled,  respectively,  the  presi- 
dent of  the  senate  and  the  speaker  of  the  house  of  representatives ; and 
whenever,  at  the  close  of  any  session,  it  may  appear  that  the  term  of 
the  member  elected  president  of  the  senate  will  expire  before  the  next 
regular  session,  the  senate  shall  elect  another  president  from  those 
members  whose  terms  of  office  continue  over,  who  shall  qualify  and 
remain  president  of  the  senate  until  his  successor  may  be  elected  and 
qualified;  and  who,  in  the  case  of  a vacancy  in  the  office  of  governor, 
shall  perform  the  duties  and  exercise  the  powers  of  governor,  as  else- 
where herein  provided. — Ark.  (1874),  Art.  5. 

Sec.  36.  Proceedings  to  expel  a member  for  a criminal  offense,  whether 
successful  or  not,  shall  not  bar  an  indictment  and  punishment,  under 
the  criminal  laws,  for  the  same  offense. — Ark.  (1874).  Art.  5. 

Sec.  7.  Each  house  shall  choose  its  officers,  and  judge  of  the  qualifi- 
cations, elections,  and  return  of  its  members. — Cal.  (1880),  Art.  4. 

Sec.  fl.  Each  house  shall  determine  the  rule  of  its  proceeding,  and 
may,  with  the  concurrence  of  two-thirds  of  all  the  members  elected, 
expel  a member. — Cal.  (1880),  Art.  4. 

Sec.  10.  The  senate  shall,  at  the  beginning  and  close  of  each  regular 
session,  and  at  such  other  times  as  may  be  necessary,  elect  one  of  its 
members  president  pro  tempore.  The  house  of  representatives  shall  elect 
one  of  its  members  as  speaker.  Each  house  shall  choose  its  other  offi- 
cers, and  shall  judge  of  the  election  and  qualification  of  its  members. 
— Colo.  (1876),  Art . 5. 


Sec.  12.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings  and  punish  its  members  or  other  persons  for  contempt  or 
disorderly  behavior  in  its  presence;  to  enforce  obedience  to  its  process; 
to  protect  its  members  against  violence,  or  offers  of  bribes  or  private 
solicition,  and  with  the  concurrence  of  two-thirds,  to  expel  a member, 
but  not  a second  time  for  the  same  cause,  and  shall  have  all  other 
powers  necessary  for  the  legislature  of  a free  state.  A member  expelled 
for  corruption  shall  not  thereafter  be  eligible  to  either  house  of  the  same 
general  assembly,  and  punishment  for  contempt  or  disorderly  behavior 
shall  not  bar  an  indictment  for  the  same  offense. — Colo.  (187G),  Art.  5. 

Sec.  27.  The  general  assembly  shall  prescribe  by  law  the  number, 
duties  and  compensation  of  the  officers  and  employes  of  each  house ; and 
no  payment  shall  be  made  from  the  state  treasury,  or  be  in  any  way 
authorized  to  any  person,  except  to  an  acting  officer  or  employe  elected 
or  appointed  in  pursuance  of  law. — Colo.  (1876),  Art.  5. 

Sec.  7.  The  house  of  representatives,  when  assembled,  shall  choose 
a speaker,  clerk,  and  other  officers.  The  senate  shall  choose  its  clerk 
and  other  officers  except  the  president.  A majority  of  each  house  shall 
constitute  a quorum  to  do  business;  but  a smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  members  in  such 
manner,  and  under  such  penalties,  as  each  house  mav  prescribe. — Conn. 
(1818) , Art.  3. 

Sec.  8.  Each  house  shall  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  conduct,  and,  with  the  consent  of  two- 
thirds,  expel  a member,  but  not  a second  time  for  the  same  cause;  and 
shall  have  all  other  powers  necessary  for  a branch  of  the  legislature  of 
a free  and  independent  states — Conn.  (1818),  Art.  3. 

Sec.  7.  The  senate  at  each  biennial  session  shall  choose  one  of  its 
members  president  pro  tempore,  who  shall  preside  in  the  absence  of  the 
lieutenant-governor,  or  in  case  the  later  shall  become  governor  or  while 
he  continues  in  the  exercise  of  the  office  of  governor  by  reason  of  disa- 
bility of  the  governor.  The  senate  shall  also  choose  its  other  officers  and 
in  the  absence  of  the  lieutenant  governor  and  its  president  pro  tempore 
may,  from  time  to  time,  as  occasion  may  require,  appoint  one  of  its 
members  to  preside.  The  house  of  representatives  shall  choose  one  of 
its  members  speaker  and  also  choose  its  other  officers,  and  in  the  ab- 
sence of  the  speaker  may,  from  time  to  time  as  occasion  may  require, 
appoint  one  of  its  members  to  preside. — Del.  (1897),  Art.  2. 

Sec.  8.  Each  house  shall  be  the  judge  of  the  elections,  returns  and 
qualifications  of  its  own  members;  and  a majority  of  all  the  members 
elected  to  each  house  shall  constitute  a quorum  to  do  business;  but 
a smaller  number  may  adjourn  from  day  to  day,  and  shall  have  power 
to  compel  the  attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties,  as  shall  be  deemed  expedient. — Del.  (1897),  Art.  2. 

Sec.  9.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish any  of  its  members  for  disorderly  behavior,  and  with  the  concur- 


76 


rence  of  two-thirds  of  all  the  members  elected  thereto  expel  a member, 
and  shall  have  all  other  powers  necessary  for  a branch  of  the  legis- 
lature of  a free  and  independent  state. — Del.  (1897),  Art.  2. 

Sec.  6.  Each  house  shall  judge  of  the  qualifications,  elections  and 
returns  of  its  own  members,  chose  its  own  officers,  and  determine  the 
rules  of  its  proceedings.  The  senate  shall,  at  the  convening  of  each  regu- 
lar session  thereof,  choose  from  among  its  own  members  a perment 
president  of  the  senate,  who  shall  be  its  presiding  officer.  The  house 
or  representatives  shall,  at  the  convening  of  each  regular  session  thereof, 
choose  from  among  its  own  members  a permanent  speaker  of  the  house 
of  representatives,  who  shall  be  its  presiding  officer.  Each  house  may 
punish  its  own  members  for  disorderly  conduct;  ami  each  house,  with 
the  concurrence  of  two-thirds  of  all  of  its  members  present,  may  expel 
a member. — Fla.  (1885),  Art.  3. 

Sec.  5.  Par.  2.  The  presiding  officer  of  the  senate  shall  be  styled 
the  president  of  the  senate,  and  shall  be  elected  viva  voce  from  the 
senators. — Ga.  (1877),  Art.  3. 

Sec.  6.  Par.  2.  The  presiding  officer  of  the  house  of  representatives 
shall  be  styled  the  speaker  of  the  house  of  representatives,  and  shall  be 
elected  viva  voce  from  the  body. — Ga.  (1877),  Art.  3. 


Sec.  7.  Par.  1.  Each  house  shall  be  the  judge  of  the  election,  re- 
turns and  qualifications  of  its  members,  and  shall  have  power  to  punish 
them  for  disorderly  behavior,  or  misconduct,  by  censure,  fine,  impris- 
onment, or  expulsion;  but  no  member  shall  be  expelled  except  by  a 
vote  of  two-thirds  of  the  house  to  which  he  belongs. — Ga.  (1877),  Art. 
3. 


Sec.  8.  Par.  1.  The  officers  of  the  two  houses,  other  than  the  presi- 
dent and  speaker,  shall  be  a secretary  of  the  senate  and  clerk  of  the 
house  of  representatives,  and  such  assistants  as  they  may  appoint;  but 
the  clerical  expenses  of  the  senate  shall  not  exceed  sixty  dollars  per 
day  for  each  session,  nor  those  of  the  house  of  representatives  seventy 
dollars  per  day  for  each  session.  The  secretary  of  the  senate  and  clerk 
of  the  house  of  representatives  shall  l>e  required  to  give  bond  and  se- 
curity for  the  faithful  discharge  of  their  respective  duties. — Ga.  (1877), 
Art.  3. 


Sec.  9.  Each  house  when  assembled  shall  choose  its  own  officers,  judge 
of  the  election,  qualifications,  and  returns  of  its  own  members,  determine 
its  own  rules  of  proceedings,  and  sit  upon  its  own  adjournments;  but 
neither  house  shall,  without  the  concurrence  of  the  other,  adjourn  more 
than  three  days,  nor  to  any  other  place  than  that  in  which  it  may  be 
sitting. — Idaho  (1889),  AH.  3. 

Sec.  111.  Each  house  may,  for  good  cause  shown,  with  the  concur- 
rence of  two-thirds  of  all  the  members,  expel  a member. — Idaho  (1889), 
Art.  3. 


Sec.  9.  The  sessions  of  the  general  assembly  shall  commence  at 
twelve  o’clock  noon,  on  the  Wednesday  next  after  the  first  Monday  in 
January,  in  the  year  next  ensuing  the  election  of  members  thereof,  and  at 
no  other  time,  unless  as  provided  by  this  constitution.  A majority  of 
the  members  elected  to  each  house  shall  constitute  a quorum.  Each  house 
shall  determine  the  rules  of  its  proceedings,  and  be  the  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members;  shall  choose  its  own  offi- 
cers; and  the  senate  shall  choose  a temporary  president  to  preside  when 
the  lieutenant  governor  shall  not  attend  as  president,  or  shall  act  as 
governor.  The  secretary  of  state  shall  call  the  house  of  representatives 
to  order  at  the  opening  of  each  new  assembly,  and  preside  over  it  until 
a temporary  presiding  officer  thereof  shall  have  been  chosen  and  shall 
have  taken  his  seat.  No  member  shall  be  expelled  by  either  house,  ex- 
cept by  a vote  of  two-thirds  of  all  the  members  elected  to  that  house, 
and  no  member  shall  be  twice  expelled  for  the  same  offense.  Each  house 
may  punish  by  imprisonment  any  person  not  a member  who  shall  be 
guilty  of  disrespect  to  the  house  by  disorderly  or  contemptuous  behavior 
in  its  presence.  But  no  such  imprisonment  shall  extend  beyond  twenty- 
four  hours  at  one  time,  unless  the  person  shall  persist  in  such  disorderly 
or  contemptuous  behavior. — III.  (1870),  Art.  4. 

Sec.  10.  Each  house,  when  assembled,  shall  choose  its  own  officers 
(the  president  of  the  senate  excepted),  judge  the  elections,  qualifications 
and  returns  of  its  own  members,  determine  its  rules  of  proceediing, 
and  sit  upon  its  own  adjournment.  But  neither  house  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
place  other  than  that  in  wffiich  it  may  be  sitting. — Ind.  (1851),  Art.  4. 

Sec.  14.  Either  house  may  punish  its  members  for  disorderly  behavior, 
and  may,  with  the  concurrence  of  two-thirds,  expel  a member;  but  not 
a second  time  for  the  same  cause. — Ind.  (1851),  Art.  4. 

Sec.  11.  Whenever  the  lieutenant-governor  shall  act  as  governor,  or 
shall  be  unable  to  attend  as  president  of  the  senate,  the  senate  shall 
elect  one  of  its  own  members  as  president  for  the  occasion. — Ind.  (1851), 
Art.  5. 

Sec.  7.  Each  house  shall  choose  its  own  officers,  and  judge  of  the 
qualification,  election,  and  returns  of  its  own  members.  A contested 
election  shall  be  determined  in  such  manner  as  shall  be  directed  by  law. 
— Ioica  (1857),  Art.  3. 

Sec.  9.  Each  house  shall  sit  upon  its  own  adjournments,  keep  a jour- 
nal of  its  proceedings,  and  publish  the  same ; determine  its  rules  of  pro- 
ceedings, punish  members  for  disorderly  behavior,  and  with  the  consent 
of  two-thirds,  expel  a member,  but  not  a second  time  for  the  same  of- 
fense; and  shall  have  all  others  power  necessary  for  a branch  of  the 
general  assembly  of  a free  and  independent  state. — Iovm  (1857),  Art.  3. 

Sec.  34.  The  house  of  representatives  shall  choose  its  speaker  and 
other  officers,  and  the  senate  shall  have  power  to  choose  its  officers  bi- 
ennially.— Ky.  (1891),  Sec.  34. 


78 


Sec.  38.  Each  house  of  the  general  assembly  shall  judge  of  the  quali- 
fications, elections  and  returns  of  its  members,  but  a contested  election 
shall  be  determined  in  such  manner  as  shall  be  directed  bv  law. — Ky. 

(1891),  Sec.  38. 


Sec.  39.  Each  house  of  the  general  assembly  may  determine  the  rules 
of  its  proceedings,  punish  a member  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds,  expel  a member,  but  not  a second  time 
for  the  same  cause,  and  may  punish  for  contempt  any  person  who  re- 
fuses to  attend  as  a witness,  or  to  bring  any  paper  proper  to  be  used 
as  evidence  before  the  general  assembly,  or  either  house  thereof,  or  a 
committee  of  either,  or  to  testify  concerning  any  matter  which  may  be 
a proper  subject  of  inquiry  by  the  general  assembly,  or  offers  or  gives 
a bribe  to  a member  of  the  general  assembly,  or  attempts  by  other  cor- 
rupt means  or  device  to  control  or  influence  a member  to  cast  his  vote 
or  withhold  the  same.  The  punishment  and  mode  of  proceeding  for  con- 
tempt in  such  cases  shall  be  prescribed  by  law,  but  the  term  of  im- 
prisonment in  any  such  case  shall  not  extend  beyond  the  session  of  the 
general  assembly. — Ky.  (1891),  Sec.  39. 

Sec.  249.  The  house  of  representatives  of  the  general  assembly  shall 
not  elect,  appoint,  employ  or  pay  for,  exceeding  one  chief  clerk,  one  as- 
sistant clerk,  one  enrolling  clerk,  one  sergeant-at-arms,  one  doorkeeper, 
one  janitor,  two  cloak  room  keepers  and  four  pages;  and  the  senate  shall 
not  elect,  appoint,  employ  or  pay  for,  exceeding  one  chief  clerk,  one  as- 
sistant clerk,  one  enrolling  clerk,  one  sergeant-at-arms,  one  doorkeeper, 
janitor,  one  cloak  room  keej>er  and  three  pages;  and  the  general  as- 
sembly shall  provide,  by  general  law,  for  fixing  the  per  diem  or  salary 
of  all  of  said  employes. — Ky.  (1891),  Sec.  249. 

Art.  25.  Each  house  shall  be  the  judge  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members,  choose  its  own  officers,  except 
president  of  the  senate,  determine  the  rules  of  its  proceedings,  and  may 
punish  its  members  for  disorderly  conduct  and  contempt,  and,  with 
the  concurrence  of  two-thirds  of  all  its  members  elected,  expel  a mem- 
ber.— La.  ( 1898),  Art.  25. 

Art.  43.  The  clerical  officers  of  the  two  houses  shall  be  a secretary 
of  the  senate  and  clerk  of  the  house  of  representatives,  with  such  as- 
sistants as  may  be  necessary;  but  the  expenses  for  said  officials,  in- 
cluding the  sergeant-at-arms,  of  each  house,  together  with  all  clerks  of 
committees  and  all  other  employes  of  whatever  kind,  shall  not  exceed 
one  hundred  dollars  daily  for  the  senate,  nor  one  hundred  and  twenty 
dollars  daily  for  the  house,  and  the  chairman  of  the  committee  on  con- 
tingent expenses  of  each  house  shall  not  issue  warrants  for  any  com- 
pensation in  excess  of  said  amounts : Provided.  This  shall  not  affect 

the  employes  of  the  present  general  assembly.  No  donation  of  any  un- 
expended balances  shall  be  made  as  extra  compensation  or  for  any  pur- 
pose.— La.  (1898),  Art.  43. 

Sec.  7.  The  house  of  representatives  shall  choose  their  speaker,  clerk 
and  other  officers. — Me.  (1819),  Art.  4,  Part  1. 


Sec.  8.  The  senate  shall  choose  their  president,  secretary  and  other 
officers. — Me.  (1819),  Art.  4,  Part  2. 

Sec.  3.  Each  house  shall  be  the  judge  of  the  elections  and  qualifi- 
cations of  its  own  members,  and  a majority  shall  constitute  a quorum 
to  do  business;  but  a smaller  number  may  adjourn  from  day  to  day, 
and  may  compel  the  attendance  of  absent  members,  in  such  manner, 
and  under  such  penalties  as  each  house  shall  provide, — Me.  (1819),  Art. 
4,  Part  3. 

Sec.  4.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and,  with  the  concurrence  of 
two-thirds,  expel  a member,  but  not  a second  time  for  the  same  cause. — 
Me.  (1819),  Art.  4,  Part  3. 


Sec.  19.  Each  house  shall  be  judge  of  the  qualifications  and  elections 
of  its  members,  as  prescribed  by  the  constitution  and  laws  of  the  state; 
•shall  appoint  its  own  officers,  determine  the  rules  of  its  own  proceedings, 
])unish  a member  for  disorderly  or  disrespectful  behavior,  and  with 
the  consent  of  two-thirds  of  its  whole  number  of  members  elected,  ex- 
pel a member;  but  no  member  shall  be  expelled  a second  time  for  the 
same  offence. — Md.  (1867),  Art.  3. 

Art.  4.  The  senate  shall  be  the  final  judge  of  the  elections,  returns 
and  qualifications  of  their  own  members,  as  pointed  out  in  the  constitu- 
tion; and  shall,  [on  the  said  last  Wednesday  in  May]  annually,  deter- 
mine and  declare  who  are  elected  by  each  district  to  be  senators  [by  a 
majority  of  votes;  and  in  case  there  shall  not  appear  to  be  the  full  num- 
ber of  senators  returned  elected  by  a majority  of  votes  for  any  district, 
the  deficiency  shall  be  supplied  in  the  following  manner,  viz. : The  mem- 
bers of  the  house  of  representatives,  and  such  senators  as  shall  be  de- 
clared elected,  shall  take  the  names  of  such  persons  as  shall  be  found 
to  have  the  highest  number  of  votes  in  such  district,  and  not  elected, 
amounting  to  twice  the  number  of  senators  wanting,  if  there  be  so  many 
voted  for;  and  out  of  these  shall  elect  by  ballot  a number  of  senators 
sufficient  to  fill  upon  the  vacancies  in  such  district;  and  in  this  manner 
all  such  vacancies  shall  be  filled  up  in  every  district  of  the  common- 
wealth; and  in  like  manner  all  vacancies  in  the  senate,  arising  by  death, 
removal  out  of  the  state,  or  otherwise,  shall  be  supplied  as  soon  as  may 
be,  after  such  vacancies  shall  happen.] — Mass.  (1870),  Part  2,  Chap  1, 
Sec.  2. 


Art.  7.  The  senate  shall  choose  its  own  president,  appoint  its  own 
officers,  and  determine  its  own  rules  of  proceedings. — Mass.  (1780), 
Part  2,  Chap.  1,  Sec.  2. 

Art.  10.  The  house  of  representatives  shall  be  the  judge  of  the  re- 
turns, elections,  and  qualifications  of  its  own  members,  as  pointed  out  in 
the  constitution ; shall  choose  their  own  speaker ; appoint  their  own 
officers,  and  settle  the  rules  and  orders  of  proceeding  in  their  own  house. 
They  shall  have  authority  to  punish  by  imprisonment  every  person,  not 
a member,  who  shall  be  guilty  of  disrespect  to  the  house,  by  any  disord- 
erly or  contemptuous  behavior  in  its  presence;  or  who,  in  the  town 


80 


where  the  general  court  is  sitting,  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members,  for  anything 
said  or  done  in  the  house ; or  who  shall  assault  any  of  them  therefor ; or 
who  shall  assault,  or  arrest,  any  witness,  or  other  person,  ordered  to 
attend  the  house,  in  his  way  in  going  or  returning;  or  who  shall  rescue 
any  person  arrested  by  the  order  of  the  house. 

And  no  member  of  the  house  of  representatives  shall  be  arrested,  or 
held  to  bail  on  mesne  process,  during  his  going  unto,  returning  from, 
or  his  attending  the  general  assembly. — Mass.  (1780),  Part  2,  Chap.  1, 
Sec.  3. 

Sec.  3.  Each  house  shall  be  the  judge  of  the  election  returns  and 
eligibility  of  its  own  members;  (a)  a majority  of  each  shall  constitute  a 
quorum  to  transact  business,  but  a smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members  in  such  man- 
ner under  such  penalties  as  it  may  provide. — Minn.  (1857),  Art.  4. 

Sec.  4.  Each  house  may  determine  the  rules  of  its  proceedings,  sit 
upon  its  own  adjournment,  punish  its  members  for  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds,  expel  a member;  but  no  member 
shall  be  expelled  the  second  time  for  the  same  offense. — Minn.  (1857), 
Art.  4. 

Sec.  5.  The  house  of  representatives  shall  elect  its  presiding  officer 
and  the  senate  and  house  of  representatives  shall  elect  such  other  officers 
as  may  be  provided  by  law ; they  shall  keep  journals  of  their  proceedings, 
and  from  time  to  time  publish  the  same,  and  the  yeas  and  nays,  when 
taken  on  any  question,  shall  be  entered  on  such  journals. — Minn.  (1857), 
Art.  4. 


Sec.  38.  Each  house  shall  elect  its  own  officers,  and  shall  judge  of  the 
qualifications,  return  and  election  of  its  own  members. — Miss.  (1890), 
Art.  4. 


Sec.  39.  The  senate  shall  choose  a president  pro  tempore  to  act  in  the 
absence  or  disability  of  its  presiding  officer. — Miss.  (1890),  Art.  4. 

Sec.  55.  Each  house  may  determine  rules  of  its  own  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concurrence 
of  two-thirds  of  the  members  present,  expel  a member;  but  no  member, 
unless  expelled  for  theft,  bribery,  or  corruption,  shall  be  expelled  the 
second  time  for  the  same  offense.  Both  houses  shall,  from  time  to  time, 
publish  journals  of  their  proceedings,  except  such  parts  as  may,  in 
their  opinion,  require  secrecy;  and  the  yeas  and  nays,  on  any  question, 
shall  be  entered  on  the  journal,  at  the  request  of  one-tenth  of  the  mem- 
bers present;  and  the  yeas  and  nays  shall  be  entered  on  the  journal 
on  the  final  passage  of  every  bill. — Miss.  (1890),  Art.  4. 

Sec.  17.  Each  house  shall  appoint  its  own  officers;  shall  be  §ole  judge 
of  the  qualifications,  election  and  returns  of  its  own  members;  may  de- 
termine the  rules  of  its  own  proceedings,  except  as  herein  provided; 
may  arrest  and  punish  by  a fine  not  exceeding  three  hundred  dollars,  or 


81 


imprisonment  in  a county  jail  not  exceeding  ten  days,  or  both,  any  person, 
not  a member,  who  shall  be  guilty  of  disrespect  to  the  house  by  any 
disorderly  or  contemptuous  behavior  in  its  presence  during  its  sessions; 
may  punish  its  members  for  disorderly  conduct,  and,  with  the  concur- 
rence of  two-thirds  of  all  members  elect,  may  expel  a member;  but  no 
member  shall  be  expelled  a second  time  for  the  same  cause. — Nov.  (1875), 
Art.  4. 

Sec.  9.  The  senate  shall,  at  the  beginning  and  close  of  each  regular 
session,  and  at  such  other  times  as  may  be  necessary,  elect  one  of  its 
members  president,  pro  tempore.  The  house  of  representatives  shall 
elect  one  of  its  members  speaker.  Each  house  shall  choose  its  other 
officers,  and  shall  judge  of  the  elections,  returns  and  qualifications  of  its 
members. — Mont.  (1889),  Art.  5. 

Sec.  11.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  punish  its  members  or  other  persons  for  contempt  or 
disorderly  behavior  in  its  presence;  to  protect  its  members  against  vio- 
lence or  offers  of  bribe  or  private  solicitation,  and  with  the  concurrence 
of  two-thirds,  to  expel  a member,  and  shall  have  all  other  powers  neces- 
sary for  the  legislative  assembly  of  a free  state. 

A member  expelled  for  corruption  shall  not  thereafter  be  eligible  to 
either  house  of  the  legislative  assembly;  and  punishment  for  contempt 
or  disorderly  behavior  shall  not  bar  a criminal  prosecution  for  the  same 
offense.— Mont.  (1889),  Art.  5. 

Sec.  28.  The  legislative  assembly  shall  prescribe  by  law,  the  number 
duties  and  compensation  of  the  officers  and  employes  of  each  house ; and 
no  payment  shall  be  made  from  the  state  treasury,  or  be  in  any  way 
authorized  to  any  such  person,  except  to  an  acting  officer  or  employe 
elected  or  appointed  in  pursuance  of  law. — Mont.  (1889),  Art.  5. 

Sec.  6.  Each  house  shall  judge  of  the  qualifications,  elections,  and 
returns  of  its  own  members,  choose  its  own  officers  (except  the  president 
of  the  senate),  determine  the  rules  of  its  proceedings,  and  may  punish 
its  members  for  disorderly  conduct,  and  with  the  concurrence  of  two- 
thirds  of  all  the  members  elected,  expel  a member. — Nev.  (1864),  Art.  4. 

Art.  21.  The  house  of  representatives  shall  choose  their  own  speaker, 
appoint  their  own  officers,  and  settle  the  rules  of  proceedings  in  their  own 
house,  and  shall  be  judge  of  the  returns,  elections,  and  qualifications  of 
its  members,  as  pointed  out  in  this  constitution.  They  shall  have  author- 
ity to  punish  by  imprisonment  every  person  who  shall  be  guilty  of  dis- 
respect to  the  house,  in  its  presence,  by  any  disorderly  and  contemptuous 
behavior,  or  by  threatening  or  ill-treating  any  of  its  members,  or  by 
obstructing  its  deliberations;  every  person  guilty  of  a breach  of  its 
privileges  in  making  arrests  for  debt,  or  by  assaulting  any  member  dur- 
ing his  attendance  at  any  session;  in  assaulting  or  disturbing  any  one  of 
its  officers  in  the  execution  of  any  order  or  procedure  of  the  house; 
in  assaulting  any  witness  or  other  person  ordered  to  attend  by,  and 
during  his  attendance  of,  the  house,  or  in  rescuing  any  person  arrested 
by  order  of  the  house,  knowing  them  to  be  such. — N.  H.,  Part  2,  Art.  21. 

11 — Legislative  Dept. 


82 


Art.  22.  The  senate,  governor,  and  council  shall  have  the  same  powers 
in  like  cases : Provided,  That  no  imprisonment  by  either  for  any  offense 
exceed  ten  days. — N.  H.,  Part  2,  Art.  22. 


Art.  34.  The  senate  shall  be  final  judges  of  the  elections,  returns,  and 
qualifications  of  their  own  members,  as  pointed  out  in  this  constitution. — 
N.  H.,  Part  2,  Art.  34. 

Art.  36.  The  senate  shall  appoint  their  president  and  other  officers, 
and  determine  their  own  rules  of  proceedings.  And  not  less  than  thirteen 
members  of  the  senate  shall  make  a quorum  for  doing  business ; and,  when 
less  than  sixteen  senators  shall  be  present,  the  assent  of  ten,  at  least, 
shall  be  necessarv  to  render  their  act  and  proceedings  valid. — N.  H., 
Part  2,  Art.  36. 

2.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members,  and  a majority  of  each  shall  constitute  a 
quorum  to  do  business;  but  a smaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner,  and  under  such  penalties,  as  each  house  mav  provide. — 
N.  J.  (1844),  Art.  4,  Sec.  4.  Cl.  2. 


3.  Each  house  shall  choose  its  own  officers,  determine  the  rules  of  its 
proceedings,  punish  its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  may  expel  a member. — N.  J.  (1844),  Art.  4. 
Sec.  4.  Cl.  3. 


Sec.  18.  The  house  of  representatives  shall  choose  their  own  speaker 
and  other  officers. — N.  C.  (1875),  Art.  2. 

Sec.  20.  The  senate  shall  choose  its  other  officers  and  also  a speaker 
(pro  tempore)  in  the  absence  of  the  lieutenant  governor,  or  when  he  shall 
exercise  the  office  of  governor. — N.  C.  (1875),  Art.  2. 

Sec.  22.  Each  house  shall  be  judge  of  the  qualifications  and  election  of 
its  own  members,  shall  sit  upon  its  own  adjournment  from  day  to  day, 
prepare  bills  to  be  passed  into  laws;  and  the  two  houses  may  also  jointly 
adjourn  to  any  further  day  or  other  place. — N.  C.  (1875),  Art.  2. 

Sec.  31.  The  senate,  at  the  beginning  and  close  of  each  regular  session, 
and  at  such  other  times  as  may  be  necessary,  shall  elect  one  of  its  mem- 
bers president  pro  tempore,  who  may  take  the  place  of  the  lieutenant 
governor  under  rules  prescribed  by  law. — N.  D.  (1889),  Art.  2. 

Sec.  36.  The  house  of  representatives  shall  elect  one  of  its  members 
as  speaker. — N.  Dak.  (1889),  Art.  2. 

Sec.  47.  Each  house  shall  be  the  judge  of  the  election  returns  and 
qualifications  of  its  own  members. — N.  Dak.  (1889),  Art.  2. 

Sec.  48.  Each  house  shall  have  the  power  to  determine  the  rules  of 
proceeding,  and  punish  its  members  or  other  persons  for  contempt  or 


83 

disorderly  behavior  in  its  presence;  to  protect  its  members  against  vio- 
lence or  offers  of  bribes  or  private  solicitations,  and  with  the  concurrence 
of  two-thirds,  to  expel  a member;  and  shall  have  all  other  powers  neces- 
sary and  usual  in  the  legislative  assembly  of  a free  state.  But  no  im- 
prisonment by  either  house  shall  continue  beyond  thirty  days.  Punish- 
ment for  contempt  or  disorderly  behavior  shall  not  bar  a criminal  prose- 
cution for  the  same  offense. — N.  Dak.  (1889),  Art.  2. 

Sec.  G.  Each  house  shall  be  judge  of  the  election  returns,  and  quali- 
fications of  its  own  members;  a majority  of  all  the  members  elected 
to  each  house  shall  be  a quorum  to  do  business;  but  a less  number  may 
adjourn  from  day  to  day,  and  compel  the  attendance  of  absent  mem- 
bers, in  such  manner,  and  under  such  penalties/  as  shall  be  prescribed 
by  law. — Ohio  (1851),  Art.  2. 

Sec.  8.  Each  house,  except  as  otherwise  provided  in  this  constitution, 
shall  choose  its  own  officers,  may  determine  its  own  rules  of  proceeding, 
punish  its  members  for  disorderly  conduct;  and,  with  the  concurrence 
of  two-thirds,  expel  a member,  but  not  the  second  time  for  the  same 
cause;  and  shall  have  all  other  powers,  necessary  to  provide  for  its 
safety,  and  the  undisturbed  transaction  of  its  business. — Ohio  (1851), 
Art.  2. 

Sec.  28.  The  senate  shall,  at  the  beginning  of  each  regular  session  and 
at  such  other  times  as  may  be  necessary,  elect  one  of  its  members  presi- 
dent pro  tempore,  who  shall  preside  over  its  deliberations  in  the  absence 
or  place  of  the  lieutenant  governor;  and  the  senate  shall  provide  for  all 
its  standing  committees  and,  by  a majority  vote,  elect  the  members 
thereof. — Olda.  (1907),  Art.  5. 

Sec.  29.  The  house  of  representatives  shall,  at  the  beginning  of  each 
regular  session  and  at  such  other  times  as  may  be  necessary,  elect  one 
of  its  members  speaker. — Okla.  (1907),  Art.  5. 

Sec.  49.  The  legislature  shall  not  increase  the  number  of  emolument 
of  its  employes,  or  the  employes  of  either  house,  except  by  general  law, 
which  shall  not  take  effect  during  the  term  at  which  such  increase  was 
made. — Okla.  (1907),  Art.  5. 

Sec.  30.  Each  house  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members,  and  a majority  of  each  shall  constitute 
a quorum  to  do  business;  but  a smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalty  as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior  and,  with  the  concurrence  of  two-thirds, 
expel  a member. 

Each  house  shall  keep  a journal  of  its  proceedings,  and  from  time  to 
time  publish  the  same.  The  yeas  and  nays  of  the  members  of  either 
house  or  any  question,  at  the  desire  of  one-fifteenth  of  those  present  shall 
be  entered  upon  its  journal. 

Neither  house,  during  the  session  of  the  legislature,  shall,  without 


84 


the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. — Okla. 
(1907),  Art.  5. 

Sec.  11.  Each  house,  when  assembled,  shall  choose  its  own  officers, 
judge  of  the  election,  qualifications  and  returns  of  its  own  members, 
determine  its  own  rules  of  proceeding,  and  sit  upon  its  owrn  adjourn- 
ments; but  neither  house  shall  without  the  concurrence  of  the  other, 
adjourn  for-  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  it  may  be  sitting. — Ore.  (1857),  Art.  4. 

Sec.  15.  Either  house  may  punish  its  members  for  disorderly  be- 
havior, and  may,  with  the  concurrence  of  twTo-thirds,  expel  a member; 
but  not  a second  time  for  the  same  cause. — Ore.  (1857),  Art.  4. 

Sec.  9.  The  senate  shall,  at  the  beginning  and  close  of  each  regular 
session,  and  at  such  other  times  as  may  be  necessary,  elect  one  of  its  mem- 
bers president  pro  tempore,  wiio  shall  perform  the  duties  of  the  lieu- 
tenant governor,  in  any  case  of  absence  or  disability  of  that  officer,  and 
whenever  the  said  office  of  lieutenant  governor  shall  be  vacant.  The 
house  of  representatives  shall  elect  one  of  its  members  as  speaker.  Each 
house  shall  choose  its  other  officers  and  shall  judge  of  the  election  and 
qualification  of  its  members. — Pa.  (1873),  Art.  2. 

Sec.  10.  The  general  assembly  shall  prescribe  by  law'  the  number, 
duties  and  compensation  of  the  officers  and  employes  of  each  house,  and 
no  payment  shall  be  made  from  the  state  treasury  or  be  in  any  wray  au- 
thorized to  any  person  except  to  an  acting  officer  or  employe  elected  or 
appointed  in  pursuance  of  law. — Pa.  (1873),  Art.  3. 

Sec.  11.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  punish  its  members  or  other  persons  for  contempt  or 
disorderly  behavior  in  its  presence,  to  enforce  obedience  to  its  process, 
to  protect  its  members  against  violence  or  offers  of  bribes  or  private 
solicitation,  and,  with  the  concurrence  of  two-thirds,  to  expel  a mem- 
ber, but  not  a second  time  for  the  same  cause,  and  shall  have  all  other 
powders  necessary  for  the  legislature  of  a free  state.  A member  expelled 
for  corruption  shall  not  therefore  be  eligible  to  either  house,  and  pun- 
ishment for  contempt  or  disorderly  behavior  shall  not  bar  an  indict- 
ment for  the  same  offense. — Pa.  (1873),  Art.  2. 

Sec.  6.  Each  house  shall  be  the  judge  of  the  elections  and  qualifica- 
tions of  its  members;  and  a majority  shall  constitute  a quorum  to  do 
business;  but  a smaller  number  may  adjourn  from  day  to  da}7,  and  may 
compel  the  attendance  of  absent  members  in  such  manner,  and  under 
such  penalties,  as  may  be  prescribed  by  such  house  or  by  law.  The  organ- 
ization of  the  tw7o  houses  may  be  regulated  by  law,  subject  to  the  limita- 
tions contained  in  this  constitution. — R.  I.  (1842),  Art.  4. 

Sec.  7.  Each  house  may  determine  its  rules  of  proceeding,  punish 
contempts,  punish  its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  expel  a member;  but  not  a second  time  for 
the  same  cause. — R.  I.  (1842),  Art.  4. 


Sec.  2.  The  house  of  representatives  shall  have  authority  to  elect 
its  speaker,  clerks  and  other  officers.  The  senior  member  from  the 
town  of  Newport,  if  any  be  present,  shall  preside  in  the  organization 
of  the  house. — R.  I.  (1842),  Art.  5. 

Sec.  3.  If,  by  reason  of  death,  resignation,  absence,  or  other  cause, 
there  be  no  governor  or  lieutenant  governor  present,  to  preside  in  the 
senate,  the  senate  shall  elect  one  of  their  own  members  to  preside  during 
such  absence  or  vacancy;  and  until  such  election  is  made  by  the  senate, 
the  secretary  of  state  shall  preside. — R.  I.  (1842),  Art.  6. 

Sec.  4.  The  secretary  of  state  shall,  by  virtue  of  his  office,  be  secre- 
tary of  the  senate,  unless  otherwise  provided  by  law,  and  the  senate  may 
elect  such  other  officers  as  they  may  deem  necessary. — R.  I.  (1842), 
Art.  6. 

Sec.  11.  Each  house  shall  judge  of  the  election  returns  and  qualifi- 
cations of  its  own  members,  and  a majority  of  each  house  shall  con- 
stitute a quorum  to  do  business;  but  a smaller  number  may  adjourn 
from  day  to  day,  and  may  compel  the  attendance  of  absent  members,  in 
such  manner  and  under  such  penalties  as  may  be  provided  by  law  or 
rule. — 8.  C.  (1895),  Art.  3. 

Sec.  12.  Each  house  shall  choose  its  own  officers,  determine  its  rules 
of  procedure,  punish  its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  expel  a member,  but  not  a second  time  for  the 
same  cause. — $.  C.  (1895),  Art.  3. 

Sec.  9.  Each  house  shall  be  the  judge  of  the  election  returns  and 
qualifications  of  its  own  members. 

A majority  of  the  members  of  each  house  shall  constitute  a quorum, 
but  a smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the 
attendance  of  absent  members  in  such  a manner  and  under  such  penalty 
as  each  house  may  provide. 

Each  house  shall  determine  the  rules  of  its  proceedings,  shall  choose 
its  own  officers  and  employes  and  fix  the  pay  thereof,  except  as  other- 
wise provided  in  this  constitution. — 8.  D.  (1889),  Art.  3. 

Sec.  11.  The  senate  and  house  of  representatives,  when  assembled, 
shall  each  choose  a speaker  and  its  other  officers,  be  judges  of  the  quali- 
fications and  elections  of  its  members,  and  sit  upon  Its  own  adjourn- 
ments from  day  to  day.  Not  less  than  two-thirds  of  all  the  members  to 
which  each  house  shall  be  entitled,  shall  constitute  a quorum  to  do 
business;  but  a smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  by  law  to  compel  the  attendance  of  absent  members. — 
Tenn.  (1870),  Art.  2. 

Sec.  12.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and,  with  the  concurrence  of 
two-thirds,  expel  a member,  but  not  a second  time  for  the  same  offense; 
and  shall  have  all  other  powers  necessary  for  a branch  of  the  legislature 
of  a free  state. — T enn.  (1870),  Art.  2. 


86 


Sec.  8.  Each  house  shall  be  the  judge  of  the  qualifications  and  election 
of  its  own  members;  but  contested  elections  shall  be  determined  in  such 
manner  as  shall  be  provided  by  law. — Tex.  (1875),  Art.  3. 

Sec.  9.  The  senate  shall,  at  the  beginning  and  close  of  each  session,  and 
at  such  other  times  as  may  be  necessary,  elect  one  of  its  members  presi- 
dent pro  tempore,  who  shall  perform  the  duties  of  the  lieutenant  gov- 
ernor in  any  case  of  absence  or  disability  of  that  officer,  and  whenever 
the  said  office  of  lieutenant  governor  shall  be  vacant.  The  house  of 
representatives  shall,  when  it  first  assembles,  organize  temporarily,  and 
thereupon  proceed  to  the  election  of  a speaker  from  its  own  members; 
and  each  house  shall  choose  its  other  officers. — Tex.  (1875),  Art.  3. 

Sec.  11.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  conduct,  and,  with  the  consent  of  two- 
thirds,  expel  a member,  but  not  a second  time  for  the  same  offense. — 
Tex.  (1875),  Art.  3. 

Sec.  10.  Each  house  shall  be  the  judge  of  election  and  qualifications 
of  its  members,  and  may  punish  them  for  disorderly  conduct,  and  with 
the  concurrence  of  two-tliirds  of  all  the  members  elected,  expel  a mem- 
ber for  cause. — Utah  (1896),  Art.  6. 

Sec.  12.  Each  house  shall  determine  the  rules  of  its  proceedings,  and 
choose  its  own  officers  and  employes. — Utah  (1896)  , Art.  6. 

Art.  6.  The  senate  shall  have  the  like  powers  to  decide  on  the  election 
and  qualifications  of,  and  to  expel  any  of  its  members,  make  its  own  rules, 
and  appoint  its  own  officers,  as  are  incident  to,  or  are  possessed  by,  the 
house  of  representatives.  A majority  shall  constitute  a quorum.  The 
lieutenant  governor  shall  be  president  of  the  senate,  except  when  he  shall 
exercise  the  office  of  governor,  or  when  his  office  shall  be  vacant,  or  in 
his  absence,  in  which  cases  the  senate  shall  appoint  one  of  its  own  mem- 
bers, to  be  president  of  the  senate,  pro  tempore.  And  the  president  of 
the  senate  shall  have  a casting  vote,  but  no  other. — Vt.  (1793),  Amdt . 
Art.  6. 


Sec.  47.  The  house  of  delegates  shall  choose  its  own  speaker;  and,  in 
the  absence  of  the  lieutenant-governor,  or  when  he  shall  exercise  the 
office  of  governor,  the  senate  shall  choose  from  their  own  body  a president 
pro  tempore.  Each  house  shall  select  its  officers,  settle  its  rules  of  pro- 
cedure, and  direct  writs  of  election  for  supplying  vacancies  which  may 
occur  during  the  session  of  the  general  assembly;  but,  if  vacancies  occur 
during  the  recess,  such  writs  may  be  issued  by  the  governor,  under  such 
regulations  as  may  be  prescribed  by  law.  Each  house  shall  judge  of  the 
election,  qualification,  and  returns  of  its  members;  may  punish  them  for 
disorderly  behavior,  and,  with  the  concurrence  of  two-thirds,  expel  a 
member. — T7a.  (1902),  Art.  4. 

Sec.  66.  The  clerk  of  the  house  of  delegates  shall  be  keeper  of  the 
rolls  of  the  state  but  shall  receive  no  compensation  from  the  state  for 
his  services  as  such.  The  general  assembly  by  general  law  shall  pre- 


87 


scribe  the  number  of  employees  of  the  senate  and  house  of  delegates, 
including  the  clerks  thereof,  and  fix  their  compensation  at  a per  diem 
for  the  time  actually  employed  in  the  discharge  of  their  duties. — Va. 
(1902),  Art.  4. 

Sec.  8.  Each  house  shall  he  the  judge  of  the  election,  returns,  and 
qualifications  of  its  own  members,  and  a majority  of  each  house  shall 
constitute  a quorum  to  do  business,  but  a smaller  number  may  adjourn 
from  day  to  day  and  may  compel  the  attendance  of  absent  members  in 
such  manner  and  under  such  penalties  as  each  house  may  provide. — 
Wash.  (1889),  Art,  2. 

Sec.  9.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  for  contempt  and  disorderly  behavior,  and,  with  the  concurrence 
of  two-thirds  of  all  the  members  elected,  expel  a member,  but  no  member 
shall  be  expelled  a second  time  for  the  same  offense. — Wash.  (1889), 
Art.  2. 

Sec.  10.  Each  house  shall  elect  its  own  officers,  and,  when  the  lieu- 
tenant governor  shall  not  attend  as  president,  or  shall  act  as  governor, 
the  senate  shall  choose  a temporary  president.  When  presiding,  the  lieu- 
tenant-governor shall  have  the  deciding  vote  in  case  of  an  equal  division 
of  the  senate. — Wash.  (1889),  Art.  2. 

Sec.  25.  Each  house  may  punish  its  own  members  for  disorderly  be- 
havior, and  with  the  concurrence  of  two-thirds  Nof  the  members  elected 
thereto,  expel  a member,  but  not  twice  for  the  same  offense. — W.  Va. 
(1872),  Art.  6. 

Sec.  7.  Each  house  shall  be  the  judge  of  the  elections,  returns  and 
qualifications  of  its  own  members;  and  a majority  of  each  shall  con- 
stitute a quorum  to  do  business;  but  a smaller  number  may  adjourn 
from  day  to  day,  and  may  compel  the  attendance  of  absent  members  in 
such  manner,  and  under  such  penalties,  as  each  house  may  provide. — Wis. 
(1848),  Art.  4. 

Sec.  8.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  for  contempt  and  disorderly  behavior,  and  with  the  concurrence 
of  two-thirds  of  all  the  members  elected,  expel  a member;  but  no  mem- 
ber shall  be  expelled  a second  time  for  the  same  cause. — TFis.  (1848), 
Art.  4. 

Sec.  9.  Each  house  shall  choose  its  own  officers,  and  the  senate  shall 
choose  a temporary  president,  when  the  lieutenant-governor  shall  not 
attend  as  president,  or  shall  act  as  governor. — Wis.  (1848),  Art.  4. 

Sec.  0.  The  elective  officers  of  the  legislature,  other  than  the  pre- 
siding officers,  shall  be  a chief  clerk  and  a sergeant-at-arms,  to  be  elected 
by  each  house. — Wis.  (1848),  Art.  13. 

Sec.  10.  The  senate  shall,  at  the  beginning  and  close  of  each  regular 
session  and  at  such  other  times  as  may  be  necessary,  elect  one  of  its 


88 


members  president;  the  house  of  representatives  shall  elect  one  of  its 
members  speakers;  each  house  shall  choose  its  own  officers,  and  shall 
•judge  of  the  election  returns  and  qualifications  of  its  members. — Wyo. 
(1.889),  Art.  3. 

Sec.  12.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  to  punish  its  members  or  other  persons  for  contempt 
or  disorderly  behavior  in  its  presence;  to  protect  its  members  against 
violence  or  offers  of  bribes  or  private  solicitation,  and  with  the  concur- 
rence of  two-thirds,  to  expel  a member,  and  shall  have  all  other  powers 
necessary  to  the  legislature  of  a free  state.  A member  expelled  for  cor- 
ruption shall  not  thereafter  be  eligible  to  either  house  of  the  legislature, 
and  punish  for  contempt  or  disorderly  behavior  shall  not  bar  a 
criminal  prosecution  for  the  same  offense. — Wyo.  (1889),  Art.  3. 

Sec.  29.  The  legislature  shall  prescribe  by  law  the  number,  duties  and 
compensation  of  the  officers  and  employes  of  each  house,  and  no  payment 
shall  be  made  from  the  state  treasury,  or  be  in  any  way  authorized  to 
any  such  person  except  to  an  acting  officer  or  employe  elected  or  ap- 
pointed in  pursuance  of  law. — Wyo.  (1889),  Art.  3. 


PUNISHMENT  FOR  CONTEMPT. 

Sec.  9.  Either  house  during  the  session  may  punish  by  fine  or  im- 
prisonment any  person  not  a member  who  shall  have  been  guilty  of 
disorderly  or  contemptuous  conduct  in  its  presence,  or  of  a refusal  to 
obey  its  lawful  summons,  but  such  imprisonment  shall  not  extend  be- 
yond the  final  adjournment  of  the  session. — Fla.  (1885),  Art.  3. 

Sec.  7.  Par.  2.  Each  house  may  punish  by  imprisonment,  not  extend- 
ing beyond  the  session,  any  person,  not  a member,  who  shall  be  guilty 
of  a contempt,  by  any  disorderly  behavior  in  its  presence,  or  who  shall 
rescue,  or  attempt  to  rescue,  any  person  arrested  by  order  of  either 
house.—  On.  1 1 877 ),  Art . 

Sec.  15.  Either  house,  during  its  session,  may  punish,  by  imprison- 
ment, any  person  not  a member,  who  shall  have  been  guilty  of  dis- 
respect to  the  house,  by  disorderly  or  contemptuous  behavior  in  its 
presence;  but  such  imprisonment  shall  not,  at  any  time,  exceed  twenty- 
four  hours. — Ind.  (1851),  Art.  4. 

Art.  2G.  Either  house,  during  the  session,  may  punish  by  imprison- 
ment any  person  not  a member  who  shall  have  been  guilty  of  dis- 
respect, or  disorderly  or  contemptuous  behavior;  but  such  imprison- 
ment shall  not  exceed  ten  days  for  each  offense.— La.  (1898),  Art.  26. 

Sec.  6.  Each  house,  during  its  session,  may  punish  by  imprison- 
ment any  person,  not  a member,  for  disrespectful  or  disorderly  behavior 
in  its  presence,  for  obstructing  any  of  its  proceedings,  threatening, 
assaulting  or  abusing  any  of  its  members  for  anything  said,  done,  or 
doing  in  either  house:  Provided , That  no  imprisonment  shall  extend 

beyond  the  period  of  the  same  session. — Me.  (1819),  Art.  4,  Part  3. 


89 


Sec.  23.  Each  house  may  punish  by  imprisonment,  during  the  session 
of  the  general  assembly,  any  person  not  a member,  for  disrespectful  or 
disorderly  behavior  in  its  presence,  of  for  obstructing  any  of  its  pro- 
ceedings, or  any  of  its  officers  in  the  execution  of  their  duties:  Pro- 

vided, Such  imprisonment  shall  not  at  any  one  time  exceed  ten  days. — 
Md.  (1867),  Art.  3. 

Art.  11.  The  senate  shall  have  the  same  power  in  the  like  cases;  and 
the  governor  and  council  shall  have  the  same  authority  to  punish  in 
like  cases:  Provided , That  no  imprisonment  on  the  warrant  or  order 

of  the  governor,  council,  senate,  or  house  of  representatives,  for  either 
of  the  above  described  offences,  be  for  a term  exceeding  thirty  days. 

And  the  senate  and  house  of  representatives  may  try  and  determine 
all  cases  where  the  rights  and  privileges  are  concerned,  and  which, 
by  the  constitution,  they  have  authority  to  try  and  determine,  by  com- 
mittees of  their  own  members,  or  in  such  other  way  as  they  may  re- 
spectively think  best. — Mass.  (1780),  Part  2,  Chap.  1,  Sec.  33. 

Sec.  18.  Each  house  may  punish  by  imprisonment,  during  its  session, 
any  person,  not  a member,  who  shall  be  guilty  of  any  disorderly  or 
contemptuous  behavior  in  their  presence,  but  no  such  imprisonment 
shall  at  any  time  exceed  twenty-four  hours. — Minn.  (1857),  Art.  4. 

Sec.  7.  Either  house,  during  the  session,  may  punish,  by  imprison- 
ment, any  person,  not  a member,  who  shall  have  been  guilty  of  disrespect 
to  the  house  by  disorderly  or  contemptuous  behavior  in  its  presence;  but 
such  imprisonment  shall  not  extend  beyond  the  final  adjournment  of  the 
session. — Nev.  (1864),  Art.  4. 

Sec.  42.  In  any  legislative  investigation,  either  house  of  the  legisla- 
ture, or  any  committee  thereof,  duly  authorized  by  the  house  creating  the 
same,  shall  have  power  to  punish  as  for  contempt,  disobedience  of  pro- 
cess, or  contumacious  or  disorderly  conduct,  and  this  provision  shall  also 
apply  to  joint  sessions  of  the  legislature,  and  also  to  joint  committees 
thereof,  when  authorized  by  joint  resolution  of  both  houses. — Olcla. 
(1907),  Art.  5. 

Sec.  16.  Either  house,  during  its  session,  may  punish  by  imprisonment 
any  person  not  a member,  who  shall  have  been  guilty  of  disrespect  to  the 
house,  by  disorderly  or  contemptuous  behavior  in  its  presence,  but  such 
imprisonment  shall  not  at  anv  time  exceed  twenty-four  hours. — Ore. 
(1857) , Art.  4. 

Sec.  13.  Each  house  may  punish  by  imprisonment  during  its  sitting 
any  person  not  a member  who  shall  be  guilty  of  disrespect  to  the  house 
by  any  disorderly  or  contemptuous  behavior  in  its  presence,  or  who,  dur- 
ing the  time  of  its  sitting,  shall  threaten  harm  to  the  body  or  estate 
of  any  member  for  anything  said  or  done  in  either  house,  or  who  shall 
assault  any  of  them  therefor,  or  who  shall  assault  or  arrest  any  witness 
or  other  person  ordered  to  attend  the  house  in  his  going  thereto  or  re- 
turning therefrom,  or  who  shall  rescue  any  person  arrested  by  order  of 
the  house:  Provided,  That  such  time  of  imprisonment  shall  not  in  any 
12 — Legislative  Dept. 


90 


case  extend  beyond  the  session  of  the  general  assembly. — 8.  C.  (1895), 
Art.  3. 

Sec.  14.  Each  house  may  punish,  by  imprisonment,  during  its  session, 
any  person  not  a member,  who  shall  be  guilty  of  disrespect  to  the  house, 
bv  any  disorderly  or  any  contemptuous  behavior  in  its  presence. — Term. 
(1870),  Art.  2. 

Sec.  15.  Each  house  may  punish,  by  imprisonment,  during  its  sessions, 
any  person  not  a member,  for  disrespectful  or  disorderly  conduct  in  its 
presence,  or  for  obstructing  any  of  its  proceedings:  Provided,  such  im- 
prisonment shall  not,  at  any  time,  exceed  forty-eight  hours. — Tex.  (1875), 
Art.  3. 


Sec.  26.  Each  house  shall  have  power  to  provide  for  its  own  safety, 
and  the  undisturbed  transaction  of  its  business,  and  may  punish  by 
imprisonment,  any  person  not  a member,  for  disrespectful  behavior 
in  its  presence;  for  obstructing  any  of  its  proceedings,  or  of  its  officers 
in  the  discharge  of  his  duties,  or  for  an  assault,  threat  or  abuse 
of  a member,  for  words  spoken  in  debate.  But  such  imprisonment 
shall  not  extend  beyond  the  termination  of  the  session,  and  shall  not 
prevent  the  punishment  of  any  offense,  by  the  ordinary  course  of  law. — 
W.  Va.  (1872),  Art.  6. 


journal;  yeas  and  nays;  dissent  and  protest. 


(14)  Sec.  10.  Each  house  shall  lecp  a journal  of  its  proceedings  and 
publish  the  same  except  such  parts  as  mag  require  secrecy.  The  yeas  and 
nays  of  the  members  of  either  house  on  any  question,  shall  be  entered  on 
the  journal  at  the  request  of  one-fifth  of  the  members  elected.  Any  mem- 
ber of  either  house  may  dissent  from  and  protest  against  any  act , pro- 
ceeding or  resolution  which  he  may  deem  injurious  to  any  person  or  the 
public , and  have  the  reason  of  his  dissent  entered  on  the  journal. — Mich. 
(1850),  Art.  4. 

Sec.  55.  Each  house  shall  keep  a journal  of  its  proceedings,  and  cause 
the  same  to  be  punished  immediately  after  its  adjournment,  excepting 
such  parts  as,  in  its  judgment,  may  require  secrecy;  and  the  yeas  and 
nays  of  the  members  of  either  house  on  any  question  shall,  at  the  request 
of  one-tenth  of  the  members  present,  be  entered  on  the  journal.  Any 
member  of  either  house  shall  have  liberty  to  dissent  from  or  protest 
against,  any  act  or  resolution  which  he  may  think  injurious  to  the  public, 
or  to  an  individual,  and  have  the  reason  for  his  dissent  entered  on  the 
journal. — Ala.  (1901),  Aid.  4. 

Sec.,  14.  Whenever  an  officer,  civil  or  military,  shall  lie  appointed 
by  the  joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote  of 
either  house  of  the  general  assembly,  the  vote  shall  be  taken  viva  voce 
and  entered  on  the  journals. — Ark.  (1874),  Art.  5. 

Sec.  10.  Each  house  shall  keep  a journal  of  its  proceedings,  and  pub- 
lish the  same;  and  the  yeas  and  nays  of  the  members  of  either  house, 


01 


or  any  question,  shall,  at  the  desire  of  any  three  members  present,  be 
entered  on  the  journal. — Cal.  (1880),  Art.  4. 

Sec.  13.  Each  house'  shall  keep  a journal  of  its  proceedings;  and  may 
in  its  discretion,  from  time  to  time,  publish  the  same,  except  such  parts 
as  require  secrecy,  and  the  ayes  and  noes  on  any  question  shall,  at  the 
•desire  of  anv  two  members,  be  entered  on  tbe  journal. — Colo.  (1876), 
Art.  5. 


Sec.  9.  Each  house  shall  keep  a journal  of  its  proceedings^  and  pun- 
ish the  same,  when  required  by  one-fifth  of  its  members,  except  such 
parts  as,  in  the  judgment  of  a majority,  require  secrecy.  The  yeas  and 
nays  of  the  members  of  either  house  shall,  at  the  desire  of  one-fifth  of 
those  present,  be  entered  on  the  journals. — Conn.  (1818),  Art.  3. 

Sec.  12.  Each  house  shall  keep  a journal  of  its  own  proceedings, 
which  shall  be  published,  and  the  yeas  and  nays  of  the  members  of  either 
house  on  any  question  shall,  at  the  desire  of  any  five  members  present, 
be  entered  on  the  journal. — Fla.  (1885),  Art.  3. 

Sec.  7.  Par.  4.  Each  house  shall  keep  a journal  of  its  proceedings, 
and  publish  it  immediately  after  its  adjournment. — Ga.  (1877),  Art.  3. 

Sec.  7.  Par.  5.  The  original  journal  shall  be  preserved,  after  publi- 
cation, , in  the  office  of  secretary  of  state,  but  there  shall  be  no  other 
record  thereof. — Ga.  (1877),  Art.  3. 

Sec.  7.  Par.  6.  The  yeas  and  nays  on  any  question  shall,  at  the  de- 
sire of  one-fifth  of  the  members  present,  be  entered  on  the  journal. — 
Ga.  (1877) , Art.  3. 

Sec.  7.  Par.  12.  No  bill  or  resolution  appropriating  money  shall 
become  a law,  unless,  upon  its  passage,  the  yeas  and  nays,  in  each  house, 
are  recorded. — Ga.  (1877),  Art.  3. 

Sec.  7.  Par.  21.  Whenever  the  constitution  requires  a vote  of  two- 
thirds  of  either  or  both  houses  for  the  passage  of  an  act  or  resolution, 
the  veas  and  navs  on  the  passage  thereof  shall  be  entered  on  the  journal. 
— Ga.  (1877),  Art.  3. 

Sec.  13.  Each  house  shall  keep  a journal  of  its  proceedings;  and  the 
yeas  and  nays  of  the  members  of  either  house  on  any  question,  shall  at 
the  request  of  anv  three  members  present,  be  entered  on  the  journal. — 
Idaho  (1889),  Art.  3. 

Sec.  12.  Each  house  shall  keep  a journal  of  its  proceedings,  and  pub- 
lish the  same.  The  yeas  and  nays,  on  any  question,  shall,  at  the  request 
of  any  two  members,  be  entered,  together  with  the  names  of  the  members 
demanding  the  same,  on  the  journal : Provided , That  on  a motion  to  ad- 
journ, it  shall  require  one-tenth  of  the  members  present  to  order  the 
yeas  and  nays. — Ind.  (1851),  Art.  4. 


92 


Sec.  26.  Any  member  of  either  house  shall  have  the  right  to  protest, 
and  to  have  his  protest,  with  his  reasons  for  dissent,  entered  on  the 
journal. — Ind.  (1851),  Art.  4. 

Sec.  10.  Every  member  of  the  general  assembly  shall  have  the  liberty 
to  dissent  from  or  protest  against  any  act  or  resolution  which  he  may 
think  injurious  to  the  public  or  an  individual,  and  have  the  reasons 
for  his  dissent  entered  on  the  journals;  and  the  yeas  and  nays  of  the 
members  of  either  house,  on  any  question,  shall,  at  the  desire  of  any  two 
members  present,  be  entered  on  the  journals. — Iowa  (1857),  Art.  3. 

Sec.  10.  Each  house  shall  keep  and  publish  a journal  of  its  proceed- 
ings. The  yeas  and  nays  shall  be  taken  and  entered  immediately  on  the 
journal,  upon  the  final  passage  of  every  bill  or  joint  resolution.  Neither 
house,  without  the  consent  of  the  other,  shall  adjourn  for  more  than  two 
days,  Sundays  excepted. — Kan.  (1859),  Art.  2. 

Sec.  11.  Any  member  of  either  house  shall  have  the  right  to  protest 
against  any  act  or  resolution;  and  such  protest  shall  without  delay  or 
alteration  be  entered  on  the  journal. — Kan.  (1859),  Art.  2. 

Sec.  40.  Each  house  of  the  general  assembly  shall  keep  and  publish 
daily  a journal  of  its  proceedings;  and  the  yeas  and  nays  of  the  mem- 
bers on  any  question  shall,  at  the  desire  of  any  two  of  the  members 
elected,  be  entered  on  the  journal. — Ky.  (1891),  Sec.  40. 

Art.  30.  Each  house  shall  keep  a journal  of  its  proceedings,  and  cause 
the  same  to  be  published  immediately  after  the  close  of  the  session ; 
when  practicable,  the  minutes  of  each  day’s  session  shall  be  printed  and 
placed  in  the  hands  of  members  on  the  day  following.  The  original 
journal  shall  be  preserved,  after  publications,  in  the  office  of  the  secre- 
tary of  state,  but  there  shall  be  required  no  other  record  thereof. — 
La.  (1898),  Art.  30. 

Art.  36.  The  yeas  and  nays  on  any  question  in  either  house  shall,  at 
the  desire  of  one-fifth  of  the  members  elected,  be  entered  on  the  journal. 
—La.  (1898),  Art.  36. 

Sec.  5.  Each  house  shall  keep  a journal,  and  from  time  to  time  pub- 
lish its  proceedings,  except  such  parts  as  in  their  judgment  may  require 
secrecy;  and  the  yeas  and  nays  of  the  members  of  either  house  on  any 
question  shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered  on 
the  journals. — Me.  (1819),  Art.  4,  Paid;  3. 

Sec.  22.  Each  house  shall  keep  a journal  of  its  proceedings,  and  cause 
the  same  to  be  published.  The  yeas  and  nays  of  members  on  any  question 
shall,  at  the  call  of  any  five  of  them  in  the  house  of  delegates,  or  one  in 
the  senate,  be  entered  on  the  journal. — Md.  (1867),  Art.  3. 

Sec.  16.  Two  or  more  members  of  either  house  shall  have  liberty  to 
dissent  and  protest  against  any  act  or  resolution  which  they  may  think 
injurious  to  the  public  or  to  any  individual,  and  have  the  reason  of  their 
dissent  entered  on  the  journal. — Minn.  (1857),  Art.  4. 


93 


Sec.  42.  Each  house  shall,  from  time  to  time,  publish  a journal  of  its 
proceedings  and  the  yeas  and  nays  on  any  question  shall  be  taken  and 
entered  on  the  journal  at  the  motion  of  any  two  members.  Whenever 
the  yeas  and  nays  are  demanded,  the*  whole  list  of  members  shall  be 
called,  and  the  names  of  the  absentees  shall  be  noted  and  published  in  the 
journal. — Mo.  (1875),  Art.  4. 

Sec.  12.  Each  house  shall  keep  a journal  of  its  proceedings  and  may, 
in  its  discretion,  from  time  to  time,  publish  the  same,  except  such  parts 
as  require  secrecy,  and  the  ayes  and  noes  on  any  question,  shall,  at  the 
request  of  any  two  members,  be  entered  on  the  journal. — Mont.  (1889), 
Art.  5. 


Sec.  8.  Each  house  shall  keep  a journal  of  its  proceedings,  and  pub- 
lish them  (except  such  parts  as  may  require  secrecy)  and  the  yeas  and 
nays  of  the  members  on  any  question,  shall  at  the  desire  of  any  two  of 
them  be  entered  on  the  journal.  All  votes  in  either  house  shall  be  viva 

voce.  The  doors  of  each  house  and  of committee  of  the  whole  shall 

be  open,  unless  when  the  business  shall  be  such  as  ought  to  be  kept 
secret.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days. — Neb.  (1875),  Art . 3. 

Sec.  14.  Each  house  shall  keep  a journal  of  its  own  proceedings,  which 
shall  be  published,  and  the  yeas  and  nays  of  the  members  of  either  house, 
on  any  question,  shall,  at  the  desire  of  any  three  members  present,  be 
entered  on  the  journal. — Nev.  (1864)  , Art.  4. 

Art.  23.  The  journals  of  the  proceedings  and  all  public  acts  of  both 
houses  of  the  legislature  shall  be  printed  and  published  immediately 
after  every  adjournment  or  prorogation,  and,  upon  motion  made  by  any 
one  member,  the  yeas  and  nays  upon  any  question  shall  be  entered  on 
the  journal,  and  any  member  of  the  senate  or  house  of  representatives 
shall  have  a right,  on  motion  made  at  the  same  time  for  that  purpose, 
to  have  his  protest  or  dissent,  with  the  reasons  against  any  vote,  resolve, 
or  bill  passed,  entered  on  the  journal. — N.  H.,  Part  2,  Art.  23. 

4.  Each  house  shall  keep  a journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same;  and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question  shall,  at  the  desire  of  one-fifth  of  those 
present,  be  entered  on  the  journal. — N.  J.  (1844),  Art.  4,  Sec.  4,  Cl.  4. 

Sec.  11.  Each  house  shall  keep  a journal  of  its  proceedings,  and  pub- 
lish the  same,  except  such  parts  as  may  require  secrecy.  The  doors  of 
each  house  shall  be  kept  open,  except  when  the  public  welfare  shall 
require  secrecy.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  two  days. — N.  Y.  (1894),  Art.  3. 

Sec.  16.  Each  house  shall  keep  a journal  of  its  proceedings,  which  shall 
be  printed  and  made  public  immediately  after  the  adjournment  of  the 
general  assembly. — N.  C.  (1875),  Art.  2. 

Sec.  17.  Any  member  of  either  house  may  dissent  from  and  protest 


94 


against  any  act  or  resolve,  which  he  may  think  injurious  to  the  public, 
or  any  individual,  and  have  the  reasons  of  his  dissent  entered  on  the 
journal. — N.  C.  (1875),  Art.  2. 

Sec.  26.  Upon  motion  made  and  seconded  in  either  house  by  one- 
fifth  of  the  members  present,  the  yeas  and  nays  upon  any  question  shall 
be  taken  and  entered  upon  the  journals. — N.  C.  (1875),  Art.  2. 

Sec.  49.  Each  house  shall  keep  a journal  of  its  proceedings,  and  the 
yeas  and  nays  on  any  question  shall  be  taken  and  entered  on  the  journal 
at  the  request  of  one-sixth  of  those  present. — N.  Dak.  (1889),  Art.  2. 

Sec.  9.  Each  house  shall  keep  a correct  journal  of  its  proceedings, 
which  shall  be  published.  At  the  desire  of  any  two  members,  the  yeas 
and  nays  shall  be  entered  upon  the  journal ; and,  on  the  passage  of  every 
bill,  in  either  house,  the  vote  shall  be  taken  by  yeas  and  nays,  and  en- 
tered upon  the  journal ; and  no  law  shall  be  passed  in  either  house  with- 
out the  concurrence  of  a majority  of  all  the  members  elected  thereto. — 
Ohio  (1851),  Art.  2. 

Sec.  10.  Any  member  of  either  house  shall  have  the  right  to  protest 
against  any  act  or  resolution  thereof,  and  such  protest,  and  the  reasons 
therefor,  shall,  without  alteration,  commitment,  or  delay,  be  entered 
upon  the  journal. — Ohio  (1851),  Art.  2. 

Sec.  13.  Each  house  shall  keep  a journal  of  its  proceedings.  The 
yeas  and  nays  on  any  question,  shall,  at  the  request  of  any  two  members, 
be  entered,  together  with  the  names  of  the  members  demanding  the 
same,  on  the  journal : Provided.  That  on  a motion  to  adjourn,  it  shall 

require  one-tenth  of  the  members  present  to  order  the  veas  and  nays. — 
Ore.  (1857),  Art.  4. 

Sec.  26.  Any  member  of  either  house  shall  have  the  right  to  protest, 
and  have  his  protest,  with  his  reasons  for  dissent,  entered  on  the  journal. 
—Ore.  (1857),  Art.  4. 

Sec.  12.  Each  house  shall  keep  a journal  of  its  proceedings  and  from 
time  to  time  to  publish  the  same,  except  such  parts  as  require  secrecy, 
and  the  yeas  and  nays  of  the  members  on  any  question  shall,  at  the 
desire  of  any  two  of  them,  be  entered  on  the  journal. — Pa.  (1873),  Art.  2. 

Sec.  8.  Each  house  shall  keep  a journal  of  its  proceedings.  The  yeas 
and  nays  of  the  members  of  either  house  shall,  at  the  desire  of  one-fifth 
of  those  present,  be  entered  on  the  journal. — R.  I.  (1842),  Art.  4. 

Sec.  22.  Each  house  shall  keep  a journal  of  its  own  proceedings,  and 
cause  the  same  to  be  published  immediately  after  its  adjournment,  ex- 
cepting such  parts  as,  in  its  judgment,  may  require  secrecy;  and  the  yeas 
and  nays  of  the  members  of  either  house,  on  any  question,  shall,  at  the 
desire  of  ten  members  of  the  house  or  five  members  of  the  senate,  re- 
spectively, be  entered  on  the  journal.  Any  member  of  either  house  shall 
have  liberty  to  dissent  from  and  protest  against  any  act  or  resolution 


95 


which  he  may  think  injurious  to  the  public  or  to  an  individual,  and  have 
the  reasons  of  his  dissent  entered  on  the  journal. — S.  C.  (1895),  Art.  3. 

Sec.  13-  Each  house  shall  keep  a journal  of  its  proceedings  and  pub- 
lish the  same  from  time  to  time,  except  such  parts  as  require  secrecy,  and 
the  yeas  and  nays  of  members  on  any  question  shall  be  taken  at  the  de- 
sire of  one-sixth  of  those  present  and  entered  upon  the  journal. — 8.  D. 
(1889),  Art.  3. 

Sec.  21.  Each  house  shall  keep  a journal  of  its  proceedings,  and  pub- 
lish it,  except  such  parts  as  the  welfare  of  the  state  may  require  to  be 
kept  secret;  the  ayes  and  noes  shall  be  taken  in  each  house  upon  the 
final  passage  of  every  bill  of  a general  character,  and  bills  making  appro- 
priations of  public  moneys;  and  the  ayes  and  noes  of  the  members  on 
any  question  shall,  at  the  request  of  any  five  of  them,  be  entered  on  the 
journal. — Term..  (1870),  Art.  2. 

Sec.  27.  Any  member  of  either  house  of  the  general  assembly  shall 
have  liberty  to  dissent  from  and  protest  against  any  act  or  resolve 
which  he  may  think  injurious  to  the  public  or  to  any  individual,  and  to 
have  the  reasons  for  his  dissent  entered  on  the  journals. — Term.  (1870), 
Art.  2. 


Sec.  12.  Each  house  shall  keep  a journal  of  its  proceedings,  and  pub- 
lish the  same ; and  the  yeas  and  nays  of  the  members  of  either  house  on 
any  question  shall,  at  the  desire  of  any  three  members  present,  be  en- 
tered on  the  journals. — Tex.  (1875),  Art.  3. 

Sec.  14.  Each  house  shall  keep  a journal  of  its  proceedings,  which, 
except  in  case  of  executive  sessions,  shall  be  published,  and  the  yeas  and 
nays  on  any  question,  at  the  request  of  five  members  of  such  house,  shall 
be  entered  upon  the  journal. — Utah  (1896),  Art.  6. 

Sec.  14.  The  votes  and  proceedings  of  the  general  assembly  shall  be 
printed  (when  one-third  of  the  members  think  it  necessary)  as  soon  as 
convenient  after  the  end  of  each  session,  with  the  yeas  and  nays  on  any 
question,  when  required  by  any  member  (except  where  the  votes  shall  be 
taken  by  ballot),  in  which  case,  every  member  shall  have  a right  to 
insert  the  reasons  of  his  vote  upon  the  minutes. — Vt.  (1783),  Chap.  2. 

Sec.  49.  Each  house  shall  keep  a journal  of  its  proceedings,  which 
shall  be  published  from  time  to  time,  and  the  yeas  and  nays  of  the  mem- 
bers of  either  house  on  any  question  shall,  at  the  desire  of  one-fifth  of 
those  present,  be  entered  on  the  journal. — Va.  (1902),  Art.  4. 

Sec.  11.  Each  house  shall  keep  a journal  of  its  proceedings  and  pub- 
lish the  same,  except  such  parts  as  require  secrecy.  The  doors  of  each 
house  shall  be  kept  open,  except  when  the  public  welfare  shall  require 
secrecy.  Neither  house  shall  adjourn  for  more  than  three  days,  nor  to 
any  place  other  than  that  in  which  they  may  be  sitting,  without  the  con- 
sent of  the  other. — Wash.  (1889),  Art.  2. 


96 


Sec.  21.  The  yeas  and  nays  of  the  members  of  either  house  shall  be 
entered  on  the  journal  on  the  demand  of  one-sixth  of  the  members  pres- 
ent.—^Wash.  (1889),  Art.  2. 

Sec.  41.  Each  house  shall  keep  a journal  of  its  proceedings,  and  cause 
the  same  to  be  published  from  time  to  time,  and  all  bills  and  joint  reso- 
lutions shall  be  described  therein,  as  well  by  their  title  as  their  number, 
and  the  ayes  and  nays  on  any  question,  if  called  for  by  one-tenth  of  those 
present,  shall  be  entered  on  the  journal. — IT7.  Va.  (1872),  Art.  6. 

Sec.  10.  Each  house  shall  keep  a journal  of  its  proceedings  and  pub- 
lish the  same,  except  such  parts  as  require  secrecy.  The  doors  of  each 
house  shall  be  kept  open  except  when  the  public  welfare  shall  require 
secrecy.  Neither  house  shall,  without  consent  of  the  other,  adjourn  for 
more  than  three  days. — Wis.  (1848),  Art.  4. 

Sec.  20.  The  yeas  and  nays  of  the  members  of  either  house,  on  any 
question  shall,  at  the  request  of  one-sixth  of  those  present,  be  entered  on 
the  journal. — Wis.  (1848),  Art.  4. 

Sec.  13.  Each  house  shall  keep  a journal  of  its  proceedings  and  may, 
in  its  discretion,  from  time  to  time,  publish  the  same,  except  such  parts 
as  require  secrecy,  and  the  yeas  and  nays  on  any  question,  shall,  at  the 
request  of  two  members,  be  entered  on  the  journal. — Wyo.  (1889),  Art.  3. 

Sec.  25.  No  bill  shall  become  a law,  except  by  a vote  of  a majority  of 
all  the  members  elected  to  each  house,  nor  unless  on  its  final  passage 
the  vote  taken  by  ayes  and  noes,  and  the  names  of  those  voting  be  en- 
tered on  the  journal. — Wyo.  (1889),  Art.  3. 


viva  voce  votes;  nominations  to  the  senate. 

(15)  Sec.  11.  In  all  elections  by  either  house  or  in  joint  convention 
the  votes  shall  be  given  viva  voce.  All  vote s on  nominations  to  the  senate 
shall  be  taken  by  yeas  and  nays , and  published  with  the  journal  of  its 
proceedings. 

Sec.  83.  In  all  elections  by  the  legislature  the  members  shall  vote 
viva  voce,  and  the  votes  shall  be  entered  on  the  journal. — Ala.  (1901), 
Art.  4. 


Sec.  12.  All  elections  by  persons  acting  in  a representative  capacity 
shall  be  viva  voce. — Ark.  (1874),  Art.  3. 

Sec.  28.  In  all  elections  by  the  legislature  the  members  thereof  shall 
vote  viva  voce,  and  the  vote  shall  be  entered  on  the  journal. — Cal.  (1880), 
Art . 4. 

Sec.  7.  All  elections  by  the  general  assembly  shall  be  viva  voce,  and 
the  vote  shall  appear  on  the  journal  of  the  house  of  representatives. 
When  the  senate  and  the  house  of  representatives  unite  for  the  purpose 


97 


of  elections,  they  shall  meet  in  the  representative  hall,  and  the  president 
of  the  senate  shall,  in  such  cases,  preside  and  declare  the  result. — Ga. 
(1877),  Art.  3. 

Sec.  38.  In  all  elections  by  the  general  assembly,  the  members  thereof 
shall  vote  viva  voce;  and  the  vote  shall  be  entered  on  the  journal. — Iowa 
(1857),  Art.  3. 

Sec.  30.  In  all  elections  to  be  made  by  the  legislature,  the  members 
thereof  shall  vote  viva  voce,  and  their  votes  shall  be  entered  on  the 
journal. — Minn.  (1857),  Art.  4. 

Sec.  76.  In  all  elections  by  the  legislature  the  members  shall  vote 
viva  voce,  and  the  votes  shall  be  entered  on  the  journals. — Miss.  (1890), 
Art.  4. 

Sec.  6.  All  elections,  by  persons  in  a representative  capacity,  shall  be 
viva  voce. — Mo.  (1875),  Art.  8. 

Sec.  9.  In  the  election  of  all  offipers,  whose  appointment  shall  be  con- 
ferred upon  the  general  assembly  by  the  constitution,  the  vote  shall  be 
viva  voce. — N.  C.  (1875),  Art.  2. 

Sec.  54.  In  all  elections  to  be  made  by  the  legislative  assembly,  or 
either  house  thereof,  the  members  shall  vote  viva  voce,  and  their  votes 
shall  be  entered  in  the  journal. — N.  Dak.  (1889)  , Art.  2. 

Sec.  27.  The  election  and  appointment  of  all  officers,  and  the  filling 
of  all  vacancies,  not  otherwise  provided  for  by  this  constitution,  or  the 
constitution  of  the  United  States,  shall  be  made  in  such  manner  as  may 
be  directed  by  law;  but  no  appointing  power  shall  be  exercised  by  the 
general  assembly,  except  as  prescribed  in  this  constitution,  and  in  the 
election  of  United  States  senators;  and  in  these  cases  the  vote  shall  be 
taken  viva  voce. — Ohio  (1851),  Art.  2. 

Sec.  31.  In  all  elections  made  by  the  legislature,  except  for  officers 
and  employes  thereof,  the  members  thereof  shall  vote  yea  or  nay,  and 
each  vote  shall  be  entered  upon  the  journal. — Okla.  (1907),  Art.  5. 

Sec.  15.  In  all  elections  by  the  legislative  assembly,  or  by  either 
branch  thereof,  votes  shall  be  given  openly  or  viva  voce,  and  not  by 
ballot,  forever;  and  in  all  elections  by  the  people,  votes  shall  be  given 
openly,  or  viva  voce,  until  the  legislative  assembly  shall  otherwise  direct. 
— Ore.  (1857),  Art.  2. 

Sec.  12.  All  elections  by  persons  in  a representative  capacity  shall  be 
viva  voce. — Pa.  (1873.),  Art.  8. 

Sec.  20.  In  all  elections  by  the  general  assembly,  or  either  house  there- 
of, the  members  shall  vote  viva  voce,  and  their  votes,  thus  given,  shall  be 
entered  upon  the  journal  of  the  house  to  which  thev  respectivelv  belong. 
—S.  C.  (1895),  Art.  3. 

13 — Legislative  Dept. 


98 


Sec.  14.  In  all  elections  to  be  made  by  the  legislature  the  members 
thereof  shall  vote  viva  voce  and  their  votes  shall  be  entered  in  the  journal. 
—8.  D.  (1889),  Art.  3. 

Sec.  4.  In  all  elections  to  be  made  by  the  general  assembly,  the  mem- 
bers thereof  shall  vote  viva  voce,  and  their  votes  shall  be  entered  on  the 
journal.  All  other  elections  shall  be  by  ballot. — Term.  (1870) , Art.  4. 

Sec.  41.  In  all  elections  by  the  senate  and  house  of  representatives, 
jointly  or  separately,  the  vote  shall  be  given  viva  voce,  except  in  the 
election  of  their  officers. — Tex.  (1875),  Art.  3. 

Sec.  27.  In  all  elections  by  the  legislature  the  members  shall  vote  viva 
voce,  and  their  votes  shall  be  entered  on  the  journal. — Wash.  (1889), 
Art.  2. 


Sec.  44.  In  all  elections  to  office  which  may  hereafter  take  place  in  the 
legislature,  or  in  any  county,  or  municipal  body,  the  vote  shall  be  viva 
voce,  and  be  entered  on  its  journals. — W.  Va.  (1872),  Art.  6. 

Sec.  30.  In  all  elections  to  be  m&de  by  the  legislature  the  members 
thereof  shall  vote  viva  voce,  and  their  votes  shall  be  entered  on  the 
journal. — Wis.  (1848),  Art.  4. 


ELECTIONS  IN  THE  LEGISLATURE. 

Sec.  31.  The  legislature  shall  elect  United  States  senators  in  the 
manner  prescribed  bv  the  congress  of  the  United  States  and  by  this 
constitution. — Fla.  (1885),  Art.  3. 

Sec.  3.  Par.  2.  The  successors  to  the  present  incumbent  shall  be 
elected  by  the  general  assembly  as  follows:  To  the  half  (as  near  as  may 
be)  whose  commissions  are  the  oldest,  in  the  year  1878;  and  to  the  others 
in  the  year  1880.  All  subsequent  elections  shall  be  at  the  session  of  the 
general  assembly  next  preceding  the  expiration  of  the  terms  of  incum- 
bents, except  elections  to  fill  vacancies.  The  day  of  election  may  be  fixed 
by  the  general  assembly. — Oa .*  (1877),  Art.  6. 

Sec.  4.  And  in  case  the  elections  required  by  this  constitution  on  the 
first  Wednesday  of  January  annually,  by  the  two  houses  of  the  legisla- 
ture, shall  not  be  completed  on  that  day,  the  same  may  be  adjourned  from 
day  to  day,  until  completed,  in  the  following  order ; the  vacancies  in  the 
senate  shall  first  be  filled;  the  governor  shall  then  be  elected,  if  there  be 
no  choice  by  the  people;  and  afterwards  the  two  houses  shall  elect  the 
council. — Me.  (1819),  Art.  9. 

Sec.  26.  Members  of  the  senate  of  the  United  States  from  this  state 
shall  be  elected  by  the  two  houses  of  the  legislature  in  joint  convention, 
'fit  such  time  and  in  such  manner  as  may  be  provided  bv  law. — Minn. 
(1857),  Art.  4. 


99 


Sec.  99.  The  legislature  shall  not  elect  any  other  than  its  own  officers,, 
state  librarian,  and  United  States  senators;  but  this  section  shall  not 
prohibit  the  legislature  from  appointing  presidential  electors. — Miss. 
(1890)  , Art.  4. 

Sec.  34.  In  all  elections  for  United  States  senators  such  elections  shall 
be  held  in  joint  convention  of  both  houses  of  the  legislature.  It  shall  be 
the  duty  of  the  legislature  which  convenes  next  preceding  the  expiration 
of  the  term  of  such  senator,  to  elect  his  successor.  If  a vacancy  in  such 
senatorial  representation  from  any  cause  occur,  it  shall  be  the  duty  of 
the  legislature  then  in  session,  or  at  the  succeeding  session  thereof,  to 
supply  such  vacancy.  If  the  legislature  shall,  at  any  time,  as  herein 
provided,  fail  to  unite  in  a joint  convention  Avithin  twenty  days  after 
the  commencement  of  the  session  of  the  legislature  for  the  election  [of] 
such  senator,  it  shall  be  the  duty  of  the  governor,  by  proclamation,  to 
convene  the  two  houses  of  the  legislature  in  joint  convention  Avithin  not 
less  than  five  days,  nor  exceeding  ten  days,  from  the  publication  of  his 
proclamation,  and  the  joint  convention  when  so  assembled  shall  proceed 
to  elect  the  senator  as  herein  provided. — Nev.  (1864),  Art.  4. 

Art.  65.  And,  Avhereas,  the  elections  appointed  to  be  made  by  this 
constitution  on  the  first  Wednesday  of  January  biennially,  by  the  two 
houses  of  the  legislature,  may  not  be  completed  on  that  day,  the  said 
elections  may  be  adjourned  from  day  to  day  until  the  same  be  completed. 
And  the  order  of  the  elections  shall  be  as  follows : The  vacancies  in  the 
senate,  if  any,  shall  be  first  filled  up ; the  governor  shall  then  be  elected, 
provided  there  shall  be  no  choice  of  him  by  the  people;  and  afterwards, 
the  tAvo  houses  shall  proceed  to  fill  up  the  vacancy,  if  any,  in  the  council. 
—N.  H.,  Part  2,  Art.  65. 

Sec.  18.  It  shall  be  the  duty  of  the  two  houses,  upon  the  request  of 
either,  to  join  in  grand  committee  for  the  purpose  of  electing  senators  in 
congress,  at  such  times  and  in  such  manner  as  may  be  prescribed  by  law 
for  said  elections. — R.  I.  (1842),  Art.  4. 

Sec.  7.  In  elections  by  the  general  assembly  in  grand  committee  the 
person  receiving  a majority  of  the  votes  shall  be  elected.  Every  person 
elected  by  the  general  assembly  to  fill  a vacancy,  or  pursuant  to  section  3 
of  this  article,  shall  hold  his  office  for  the  remainder  of  the  term  or  for 
the  full  term,  as  the  case  may  be,  and  until  his  successor  is,  elected  and 
qualified. — R.  I.  (1842),  (Arndt.),  Art.  11. 


OPEN  DOORS  ; ADJOURN M ENT  OVER  THREE  DAYS. 

(16)  Sec.  12.  The  doors  of  each  house  shall  he  open  unless  the  public 
welfare  requires  secrecy.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than 
where  the  legislature  may  then  he  in  session. — Mich.  (1850),  Art.  4. 

Sec.  57.  The  doors  of  each  house  shall  be  opened  except  on  such  occa- 
sions as,  in  the  opinion  of  the  house,  may  require  secrecy ; but  no  person 


100 


shall  be  admitted  to  the  floor  of  either  house  while  the  same  is  in  session, 
except  as  members  of  the  legislature,  officers  and  employes  of  the  two 
houses,  the  governor  and  his  secretaries,  representatives  of  the  press  and 
other  persons  to  whom  either  house,  by  unanimous  vote,  may  extend  the 
privileges  of  its  floor. — Ala.  (1901),  Art.  4. 

Sec.  58.  Neither  house  shall,  without  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which  they 
may  be  sitting,  except  as  otherwise  provided  in  this  constitution. — Ala. 
(1901),  Art.  4. 

Sec.  13.  The  session  of  each  house  and  of  committees  of  the  whole 
shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept  secret. 
—Art.  (1874),  Art.  5. 

Sec.  28.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. — Ark.  (1874),  Art.  5. 

Sec.  13.  The  doors  of  each  house  shall  be  open,  except  on  such  oc- 
casions as,  in  the  opinion  of  the  house,  may  require  secrecy. — Cal.  (1880), 
Art.  4. 


Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  place  other  than  that  in 
which  they  may  be  sitting.  Nor  shall  the  members  of  either  house  draw 
pav  for  anv  recess. or  adjournment  for  a longer  time  than  three  days. — 
Cal.  (1880),  Art.  4. 

Sec.  14.  The  sessions  of  each  house,  and  of  the  committees  of  the 
whole,  shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept 
secret. — Colo.  (1876),  Art.  5. 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the  other,  ad 
journ  for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. — Colo.  (1876),  Art.  5. 

Sec.  11.  The  debates  of  each  house  shall  be  public,  except  on  such 
occasions  as,  in  the  opinion  of  the  house,  may  require  secrecv. — Conn. 
(1818),  Art.  3. 

Sec.  11.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  open  unless  when  the  business  is  such  as  ought  to  be  kept  secret. 
— Del,  (1897),  Art.  2. 

Sec.  12.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. — Del.  (1897),  Art.  2. 

Sec.  13.  The  doors  of  each  house  shall  be  kept  open  during  its  session, 
except  the  senate  while  sitting  in  executive  session ; and  neither  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  days,  or 


101 


to  anv  other  town  than  that  in  which  thev  mat  be  holding  their  session. 
— Fla.  (1885).  Art.  3. 

Sec.  7.  Par.  24.  Neither  house  shall  adjourn  for  more  than  three 
days,  or  to  any  other  place,  without  the  consent  of  the  other : and  in  case 
of  a disagreement  between  the  two  houses  on  a question  of  adjournment, 
the  governor  may  adjourn  either  or  both  of  them. — Ga.  (1877),  Art.  3. 

Sec.  12.  The  business . of  each  house,  and  of  the  committee  of  the 
whole,  shall  be  transacted  openlv  and  not  in  secret  session. — Idaho 
(1889),  Art.  3. 

Sec.  10.  The  door  of  each  house  and  of  committees  of  the  whole  shall 
be  kept  open,  except  in  such  cases  as.  in  the  opinion  of  the  house,  re- 
quire secrecy.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  two  days,  or  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting.  Each  house  shall  keep  a journal  of  its 
proceedings,  which  shall  be  published.  In  the  senate,  at  the  request  of 
two  members,  and  in  the  house,  at  the  request  of  five  members,  the  yeas 
and  nays  shall  be  taken  on  any  question,  and  entered  upon  the  journal. 
Any  two  members  of  either  house  shall  have  liberty  to  dissent  from  and 
protest,  in  respectful  language,  against  any  act  or  resolution  which  they 
think  injurious  to  the  public  or  to  any  individual,  and  have  the  reasons 
of  their  dissent  entered  upon  the  journals. — III.  (1870).  Art.  4. 

Sec.  13.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall 
be  kept  open,  except  in  such  cases  as.  in  the  opinion  of  either  house,  may 
require  secrecy. — Ind.  (1851),  Art.  4. 

Sec.  13.  The  doors  of  each  house  shall  be  open  except  on  such  oc- 
casions as.  in  the  opinion  of  the  house,  mav  require  seereev. — Iowa 
(1857),  An.  3. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting. — Iowa  (1857),  Art . 3. 

Sec.  41.  Neither  house,  during  the  session  of  the  general  assembly, 
shall,  without  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  anv  other  place  than  that  in  which  it  mav  be  sitting. — Kij.  (1891), 
Sec.  41. 

Art.  35.  Neither  house,  during  the  sitting  of  the  general  assembly, 
shall,  without  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  anv  other  place  than  that  in  which  it  mav  be  sitting. — La. 
(1898).  A rt.  35.* 

Sec.  12.  Neither  house  shall,  during  the  session,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place 
than  that  in  which  the  houses  shall  be  sitting. — Me.  (1819),  Art.  4, 
Part  3. 


Sec.  21.  The  doors  of  each  house  and  of  the  committee  of  the  whole 


102 


shall  be  open,  except  when  the  business  is  such  as  ought  to  be  kept 
secret. — M d.  (1867),  Art.  3. 

Sec.  25.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days  at  any  one  time,  nor  adjourn  to  any 
other  place  than  that  in  which  the  house  shall  be  sitting,  without  the 
concurrent  vote  of  two-thirds  of  the  members  present. — Md.  (1867), 
Art.  3. 

Art.  6.  The  senate  shall  have  power  to  adjourn  themselves,  provided 
such  adjournments  do  not  exceed  two  days  at  a time. — Mass.  (1780), 
Part  2,  Chap.  1,  Sec.  2. 

Art.  8.  The  house  of  representatives  shall  have  power  to  adjourn 
themselves;  provided  such  adjournment  shall  not  exceed  two  days  at  a . 
time. — Mass.  (1780),  Part  2,  Chap.  1,  Sec.  3. 

Sec.  6.  Neither  house  shall,  during  a session  of  the  legislature,  ad- 
journ for  more  than  three  days  (Sundays  excepted),  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  assembled,  without 
the  consent  of  the  other  house. — Minn.  (1857),  Art.  4. 

Sec.  19.  Each  house  shall  be  open  to  the  public  during  the  sessions 
thereof,  except  in  such  cases  as  in  their  opinion  may  require  secrecy. — 
Minn.  (1857),  Art.  4. 

Sec.  57.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. — Miss.  (1890),  Art.  4. 

Sec.  58.  The  doors  of  each  house,  when  in  session,  or  in  committee  of 
the  whole,  shall  be  kept  open,  except  in  cases  which  may  require  secrecy ; 
and  each  house  may  punish,  by  fine  and  imprisonment,  any  person  not 
a member  who  shall  be  guilty  of  disrespect  to  the  house  by  any  disorderly 
or  contemptuous  behavior  in  its  presence,  or  who  shall  in  any  way  dis- 
turb its  deliberations  during  the  session;  but  such  imprisonment  shall 
not  extend  be}Tond  the  final  adjournment  of  that  session. — Miss.  (1890), 
Art.  4. 

Sec.  19.  The  sessions  of  each  house  shall  be  held  with  open  doors,  ex- 
cept in  cases  which  may  require  secrecy. — Mo.  (1875),  Art.  4. 

Sec.  21.  Every  adjournment  or  recess  taken  by  the  general  assembly 
for  more  than  three  days  shall  have  the  effect  of  and  be  an  adjournment 
sine  die. — Mo.  (1875),  Art.  4. 

Sec.  22.  Every  adjournment  or  recess  taken  by  the  general  assembly 
for  three  days  or  less  shall  be  construed  as  not  interrupting  the  session 
at  which  they  are  had  or  taken,  but  as  continuing  the  session  for  all  the 
purposes  mentioned  in  section  sixteen  of  this  article. — Mo.  (1875),  Art.  4. 

Sec.  23.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 


103 


for  more  than  two  days  at  any  one  time,  nor  to  any  other  place  than  that 
in  which  the  two  houses  may  be  sitting. — Mo.  (1875),  Art.  4. 

Sec.  13.  The  sessions  of  each  house  and  of  the  committees  of  the 
whole  shall  be  open  unless  the  business  is  such  as  requires  secrecy. — * 
Mont.  (1889),  Art.  5. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. — Mont.  (1889),  Art.  5. 

Sec.  15.  The  doors  of  each  house  shall  be  kept  open  during  its  ses- 
sion, except  the  senate  while  sitting  in  executive  session,  and  neither 
shall,  without  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  they  may  be  holding  their 
sessions. — Nev.  (1864),  Art.  4. 

Art.  8.  The  doors  of  the  galleries  of  each  house  of  the  legislature 
shall  be  kept  open  to  all  persons  who  behave  decently,  except  when  the 
welfare  of  the  state,  in  the  opinion  of  each  branch,  shall  require  secrecy. 
— N.  H.,  Part  2,  Art.  8. 

Art.  18.  The  house  of  representatives  shall  have  power  to  adjourn 
themselves,  but  no  longer  than  two  days  at  a time.— A.  H.,  Part  2,  Art.  18. 

Art.  35.  The  senate  shall  have  power  to  adjourn  themselves,  provided 
such  adjournments  do  not  exceed  two  days  at  a time:  Provided,  never- 
theless, That,  whenever  they  shall  sit  on  the  trial  of  any  impeachment, 
they  may  adjourn  to  such  time  and  place  as  they  may  think  proper, 
although  the  legislature  be  not  assembled  on  such  day  or  such  place. — 
IV. H.,  Part  2,  Art.  35. 

5.  Neither  house,  during  the  session  of  the  legislature  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. — r N.  J. 
(1844),  Art.  4,  Sec.  4,  Cl.  5. 

Sec.  50.  The  sessions  of  each  house  and  of  the  committee  of  the  whole 
shall  be  open  unless  the  business  is  such  as  ought  to  be  kept  secret. — 
N.  Dak.  (1889),  Art.  2. 

Sec.  51.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting,  except  in  case  of  epidemic,  pestilence  or 
other  great  danger. — N.  Dak.  (1889),  Art.  2. 

Sec.  13.  The  proceedings  of  both  houses  shall  be  public,  except  in 
cases  which,  in  the  opinion  of  two-thirds  of  those  present,  require 
secrecy. — Ohio  (1851),  Art.  2. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  two  days,  Sundays  excluded ; nor  to  any  other  place 


104 


than  that,  in  which  the  two  houses  shall  be  in  session. — Ohio  (1851)r 
Art.  2. 

Sec.  14.  The  doors  of  each  house,  and  of  committees  of  the  whole 
shall  be  kept  open,  except  in  such  cases  as  in  the  opinion  of  either  house 
may  require  secrecy. — Ore.  (1857),  Art.  4. 

Sec.  13.  The  sessions  of  each  house,  and  of  committees  of  the  whole,, 
shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept  secret. 
—Pa.  (1873),  Art.  2. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. — Pa.  (1873),  Art.  2. 

Sec.  0.  Neither  house  shall,  during  a session,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days  nor  to  any  other  place  than 
that  in  which  they  may  be  sitting. — R.  I.  (1842),  Art.  4. 

Sec.  21.  Neither  house,  during  the  session  of  the  general  assemblyr 
shall,  without  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  it  shall  be  at  the  time  sitting. — 
8.  C.  (1895),  Art.  3. 


Sec.  23.  The  doors  of  each  house  shall  be  open,  except  on  such  oc- 
casions as  in  the  opinion  of  the  house  may  require  secrecy. — 8.  C . 
(1895),  Art.  3. 

Sec.  15.  The  sessions  of  each  house  and  of  the  committee  of  the  whole 
shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept 
secret. — >8.  D.  (1889),  Art.  3. 

Sec.  16.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. — S.  D.  (1889),  Art.  3. 

Sec.  16.  Neither  house  shall,  during  its  session,  adjourn  without  the 
consent  of  the  other  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. — Tenth.  (1870), 
Art.  2. 

Sec.  22.  The  doors  of  each  house  and  of  committees  of  the  whole  shall 
be  kept  open,  unless  when  the  business  shall  be  such  as  ought  to  be  kept 
secret. — Tenn.  (1870),  Art.  2. 

Sec.  16.  The  sessions  of  each  house  shall  be  open,  except  the  senate 
when  in  executive  session. — Tex.  (1875),  Art.  3. 

Sec.  17.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  where  the 
legislature  may  be  sitting. — Tex.  (1875),  Art.  3. 


105 


Sec.  15.  All  sessions  of  the  legislature,  except  those  of  the  senate 
while  sitting  in  executive  session,  shall  be  public;  and  neither  house,  with- 
out the  consent  of  the  other,  shall  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  it  may  be  holding  session. — Utah 
(1896),  Art.  6. 

Sec.  13.  The  doors  of  the  house  in  which  the  general  assembly  of  this 
commonwealth  shall  sit,  shall  be  open  for  the  admission  of  all  persons 
who  behave  decently,  except  only  when  the  welfare  of  the  state  may 
require  them  to  be  shut. — Vt.  (1793),  Cliap.  2. 

Sec.  23.  Neither  house  shall,  during  the  session,  adjourn  for  more 
than  three  days,  without  the  consent  of  the  other.  Nor  shall  either, 
without  such  consent,  adjourn,  to  any  other  place  than  that  in  which 
the  legislature  is  sitting. — W.  Va.  (1872),  Art.  6. 

Sec.  14.  The  sessions  of  each  house  and  of  the  committee  of  the  whole 
shall  be  open  unless  the  business  is  such  as  requires  secrecy. — Wyo. 
(1889),  Art.  3. 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. — Wyo.  (1889),  Art.  3. 


ADJOURNMENT  BY  GOVERNOR. 

Sec.  11.  In  case  of  a disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  governor  shall  have  power  to 
adjourn  the  legislature  to  such  time  as  he  may  think  proper:  Provided , 

It  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next  legislature. — 
Oal.  (1880),  Art.  5. 

Sec.  10.  The  governor,  in  case  of  a disagreement  between  the  two 
bouses  as  to  the  time  of  adjournment,  may,  upon  the  same  being  certi- 
fied to  him,  by  the  house  last  moving  adjournment,  adjourn  the  general 
assembly  to  a dav  not  later  than  the  first  day  of  the  next  regular  session. 
— Colo.  (1876),  Art.  4. 

Sec.  7.  The  governor,  in  case  of  a.  disagreement  between  the  two 
bouses  of  tbe  general  assembly  respecting  tbe  time  of  adjournment,  may 
adjourn  them  to  such  time  as  he  shall  think  proper,  not  beyond  the  day  of 
the  next  stated  session. — Conn.  (1818),  Art.  4. 

Sec.  10.  In  case  of  a disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  governor  shall  have  power  to 
adjourn  the  legislature  to  such  time  as  he  may  think  proper,  provided 
it  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next  legislature. — 
Fla.  (1885),  Art.  4. 

Sec.  9.  In  case  of  a disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  governor  may,  on  the  same 
14 — Legislative  Dept. 


106 


being  certified  to  him  by  the  house  first  moving  the  adjournment,  ad- 
journ the  general  assembly  to  such  time  as  he  thinks  proper,  not 
beyond  the  first  day  of  the  next  regular  session. — III.  (1870),  Art.  5. 

Sec.  13.  In  case  of  a disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  governor  shall  have  power  to 
adjourn  the  general  assembly  to  such  time  as  he  may  think  proper; 
but  no  such  adjournment  shall  be  beyond  the  time  fixed  for  the  regular 
meeting  of  the  next  general  assembly. — Iowa  (1857),  Art.  4. 

Sec.  6.  In  case  of  a disagreement  between  the  two  houses  in  respect 
to  the  time  of  adjournment,  he  may  adjourn  the  legislature  to  such  time 
as  he  mav  think  proper,  not  beyond  its  regular  meeting. — Kan.  (1859) r 
Art.  1. 

Art.  6.  In  cases  of  disagreement  between  the  two  houses,  with  re- 
gard to  the  necessity,  expediency,  or  time  of  adjournment  or  proroga- 
tion, the  governor,  with  advice  of  the  council,  shall  have  a right  to 
adjourn  or  prorogue  the  general  court,  not  exceeding  ninety  days,  as 
he  shall  determine  the  public  good  shall  require. — Mass.  (1780),  Part 
2,  Chap.  2,  31. 

Sec.  9.  In  case  of  a disagreement  between  the  two  houses  with  re- 
spect to  the  time  of  adjournment,  the  governor  may,  on  the  same  being 
certified  to  him  by  the  house  first  moving  the  adjournment  adjourn  the 
legislature  to  such  time  as  he  thinks  proper  not  beyond  the  first  day  of 
the  next  regular  session. — Kel).  (1875),  Art.  5. 

Sec.  11.  In  case  of  a disagreement  between  the  two  houses,  with  re- 
spect to  the  time  of  adjournment,  the  governor  shall  have  power  to 
adjourn  the  legislature  to  such  time  as  he  may  think  proper:  Provided , 
It  be  not  bevond  the  time  fixed  for  the  meeting  of  the  next  legislature. — 
Ktev.  (1864),  Art.  5. 

Art.  49.  The  governor,  with  advice  of  council,  shall  have  full  power 
and  authority,  in  recess  of  the  general  court,  to  prorogue  the  same  from 
time  to  time,  not  exceeding  ninety  days  in  any  one  recess  of  said  court, 
and,  during  the  sessions  of  said  court  to  adjourn  or  prorogue  it  to  any 
time  the  two  houses  may  desire;  and  to  call  it  together  sooner  than  the 
time  to  which  it  may  be  adjourned  or  prorogued,  if  the  welfare  of  the 
state  should  require  the  same. — N.  H.,  Part  2. 

Sec.  9.  In  case  of  a disagreement  between  the  two  houses,  in  respect 
to  the  time  of  adjournment,  he  shall  have  power  to  adjourn  the  general 
assembly  to  such  time  as  lie  may  think  proper,  but  not  beyond  the  regular 
meetings  thereof. — Ohio  (1851),  AH.  3. 

Sec.  14.  In  case  of  a disagreement  between  the  two  houses  of  the 
legislature,  at  a regular  or  special  session,  with  respect  to  the  time  of 
adjournment,  the  governor  may,  if  the  facts  be  certified  to  him,  by  the 
presiding  officer  of  the  house  first  moving  the  adjournment,  adjourn  them 
to  such  time  as  he  shall  deem  proper,  not  beyond  the  day  of  the  next 


0 


107 


stated  meeting  of  the  legislature.  He  may  convoke  the  legislature  at  or 
adjourn  it  to  another  place,  when,  in  his  opinion,  the  public  safety  or 
welfare,  or  the  safety  or  health  of  the  members  require  it : Provided , how- 
ever« That  such  change  or  adjournment  shall  be  concurred  in  by  a two- 
thirds  vote  of  all  the  members  elected  to  each  branch  of  the  legislature. — 
Okln.  (1907),  Art.  6. 

Sec.  6.  In  case  of  disagreement  between  the  two  houses  of  the  general 
assembly,  respecting  the  time  or  place  of  adjournment,  certified  to  him 
by  either,  he  may  adjourn  them  to  such  time  and  place  as  he  shall  think 
proper : Provided , That  the  time  of  adjournment  shall  not  be  extended 
beyond  the  day  of  the  next  stated  session. — R.  I.  (1842),  Art.  7. 

Sec.  7.  In  case  of  a disagreement  between  the  two  houses  of  the 
legislature  at  any  special  session,  with  respect  to  the  time  of  adjourn- 
ment, the  governor  shall  have  power  to  adjourn  the  legislature  to  such 
time  as  he  may  think  proper:  Provided , It  be  not  beyond  the  time 

fixed  for  the  convening  of  the  next  legislature. — Utah  (1896),  Art.  7. 


ORIGINATION  OF  BILLS. 

(17)  Sec.  13.  Bills  may  originate  in  either  house  of  the  legislature. 
—Mich.  (1850),  Art.  4. 

Sec.  70.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives.  The  governor,  auditor  and  attorney-general  shall,  before 
each  regular  session  of  the  legislature,  prepare  a general  revenue  bill,  to 
be  submitted  to  the  legislature  for  its  information,  and  the  secretary  of 
state  shall  have  printed  for  the  use  of  the  legislature  a sufficient  number 
of  copies  of  the  bill  so  prepared,  which  the  governor  shall  transmit  to  the 
house  of  representatives  as  soon  as  organized  to  be  used  or  dealt  with  as 
that  house  may  elect.  The  senate  may  propose  amendments  to  revenue 
bills.  No  revenue  bill  shall  be  passed  during  the  last  five  days  of  the 
session. — Ala.  (1901),  Art.  4. 

Sec.  31.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives;  but  the  senate  may  propose  amendments,  as  in  case 
of  other  bills. — Colo.  (1876),  Art.  5. 

Sec.  2.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives ; but  the  senate  may  propose  alterations  as  on  other  bills ; 
and  no  bill  from  the  operation  of  which,  when  passed  into  a law,  revenue 
may  incidentally  arise  shall  be  accounted  a bill  for  raising  revenue;  nor 
shall  any  matter  or  clause  whatever  not  immediately  relating  to  and 
necessary  for  raising  revenue  be  in  any  manner  blended  with  or  annexed 
to  a bill  for  raising  revenue. — Del.  (1897),  Art.  8. 

Sec.  14.  Any  bill  may  originate  in  either  house  of  the  legislature,  and 
after  being  passed  in  one  house  may  be  amended  in  the  other. — Fla. 
(1885),  Art.  3. 


108 


Sec.  7.  Par.  10.  All  bills  for  raising  revenue  or  appropriating  money 
shall  originate  in  the  house  of  representatives,  but  the  senate  may  pro- 
pose or  concur  in  amendments  as  in  other  bills. — Ga.  (1877),  Art.  3. 

Sec.  14.  Bills  may  originate  in  either  house,  but  may  be  amended  or 
rejected  in  the  other,  except  that  bills  for  raising  revenue  shall  originate 
in  the  house  of  representatives. — Idaho  (1889),  Art.  3. 

Sec.  17.  Every  act  or  joint  resolution  shall  be  plainly  worded,  avoid- 
ing as  far  as  practicable  the  use  of  technical  terms. — Idaho  (1889), 
Art.  3. 


Sec.  17.  Bills  may  originate  in  -either  house,  but  may  be  amended  or 
rejected  in  the  other,  except  that  bills  for  raising  revenue  shall  originate 
in  the  house  of  representatives. — Ind.  (1851),  Art.  4. 

Sec.  20.  Every  act  and  joint  resolution  shall  be  plainly  worded, 
avoiding,  as  far  as  practicable,  the  use  of  technical  terms. — Ind.  (1851), 
Art.  4. 


Sec.  15.  Bills  may  originate  in  either  house,  and  may  be  amended, 
altered,  or  rejected  by  the  other;  and  every  bill  having  passed  both  houses 
shall  be  signed  by  the  speaker  and  president  of  their  respective  houses. — 
Iowa  (1857),  Art.  3. 

Sec.  12.  Bills  may  originate  in  either  house,  but  may  be  amended  or 
rejected  by  the  other. — Kan.  (1859),  Art.  2 (Amdt.  1864). 

Sec.  47.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives,  but  the  senate  may  propose  amendments  thereto : Pro- 
vided, No  new  matter  shall  be  introduced,  under  color  of  amendment, 
which  does  not  relate  to  raising  revenue. — Ky.  (1891),  Sec.  47. 

Art.  37.  All  bills,  for  raising  revenue  or  appropriating  money,  shall 
originate  in  the  house  of  representatives,  but  the  senate  may  propose  or 
concur  in  amendments,  as  in  other  bills. — La.  (1898),  Art.  37. 

Sec.  9.  Bills,  orders  or  resolutions,  may  originate  in  either  house,  and 
may  be  altered,  amended  or  rejected  in  the  other;  but  all  bills  for  raising 
a revenue  shall  originate  in  the  house  of  representatives,  but  the  senate 
may  propose  amendments  as  in  other  cases:  Provided,  That  they  shall  not 
under  color  of  amendment,  introduce  any  new  matter  which  does  not 
relate  to  raising  a revenue. — Me.  (1819),  Art.  4,  Part  3. 

Sec.  27.  Any  bill  may  originate  in  either  house  of  the  general  as- 
sembly, and  be  altered,  amended  or  rejected  by  the  other;  but  no  bill  shall 
originate  in  either  house  during  the  last  ten  days  of  the  session,  unless 
two-thirds  of  the  members  elected  thereto  shall  so  determine  by  yeas 
and  nays;  nor  shall  any  bill  become  a law  until  it  be  read  on  three  differ- 
ent days  of  the  session  in  each  house,  unless  two-tliirds  of  the  members 
elected  to  the  house  where  such  bill  is  pending  shall  so  determine  by 


100 


yeas  and  nays;  and  no  bill  shall  be  read  a third  time  until  it  shall  have 
been  actually  engrossed  for  a third  reading. — Aid.  (1807),  Arf.  3. 

Art.  7.  All  money  bills  shall  originate  in  the  house  of  representatives; 
but  the  senate  may  propose  or  concur  with  amendments,  as  no  other 
bills. — Mass.  (1780),  Part  2,  Chap.  1,  Sec.  3. 

Sec.  10.  All  bills  for  raising  a revenue  shall  originate  in  the  house  of 
representatives,  but  the  senate  may  propose  and  concur  with  amendments 
as  on  other  bills. — Minn.  (1857),  Art.  4. 

Sec.  59.  Bills  may  originate  in  either  house,  and  be  amended  or  re- 
jected in  the  other;  and  every  bill  shall  be  read  on  three  different  days 
in  each  house,  unless  two-thirds  of  the  house  where  the  same  is  pending 
shall  dispense  with  the  rules;  and  every  bill  shall  be  read  in  full  imme- 
diately before  the  vote  on  its  final  passage;  and  every  bill,  having  passed 
both  houses,  shall  be  signed  by  the  president  of  the  senate  and  the 
speaker  of  the  house  of  representatives,  in  open  session;  but  before 
either  shall  sign  any  bill,  he  shall  give  notice  thereof,  suspend  business 
in  the  house  over  which  he  presides,  have  the  bill  read  by  its  title,  and, 
on  the  demand  of  any  member,  have  it  read  in  full ; and  all  such  proceed- 
ings shall  be  entered  on  the  journal. — Miss.  (1890),  Art.  4. 

Sec.  26.  Bills  may  originate  in  either  house,  and  may  be  amended  or 
rejected  by  the  other ; and  every  bill  shall  be  read  on  three  different  days 
in  each  house. — Mo.  (1875),  Art.  4. 

Sec.  32.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives ; but  the  senate  may  propose  amendments,  as  in  the  case 
of  other  bills. — Alont.  (1889),  Art.  5. 

Sec.  9.  Any  bill  may  originate  in  either  house  of  the  legislature,  ex- 
cept bills  appropriating  money,  which  shall  originate  only  in  the  house 
of  representatives,  and  all  bills  passed  by  one  house  may  be  amended  by 
the  other. — Xeh.  (1875),  Art.  3. 

Sec.  16.  Any  bill  may  originate  in  either  house  of  the  legislature,  and 
all  bills  passed  by  one  may  be  amended  in  the  other. — Xev.  (1864),  Art.  4. 

Art.  17.  All  money  bills  shall  originate  in  the  house  of  representa- 
tives, but  the  senate  may  propose  or  concur  with  amendments,  as  on  other 
bills — N.  H.,  Part  2,  Art.  17. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  assem- 
bly ; but  the  senate  may  propose  or  concur  with  amendments,  as  on  other 
bills. — N.  J.  (1844),  Art.  4,  Sec.  6.  Chap.  1. 

Sec.  13.  Any  bill  may  originate  in  either  house  of  the  legislature,  and 
all  bills  passed  bv  one  house  mav  be  amended  bv  the  other. — X.  Y.  (1894),. 
Art.  3. 

Sec.  23.  Sections  seventeen  and  eighteen  of  this  article  [relating  to 


110 


including  other  acts  or  parts  of  acts  and  to  local  legislation]  shall  not 
apply  to  any  bill,  or  the  amendments  to  any  bill,  which  shall  be  reported 
to  the  legislature  by  commissioners  who  have  been  appointed  pursuant  to 
law  to  revise  the  statutes. — N.  Y.  (1894),  Art.  3. 

Sec.  57.  Any  bill  may  originate  in  either  house  of  the  legislative  as- 
semblv,  and  a bill  passed  by  one  house  may  be  amended  bv  the  other. — 
N.  Dak,  (1889)  , Art.  2. 

Sec.  15.  Bills  may  originate  in  either  house;  but  may  be  altered, 
amended,  or  rejected  in  the  other. — Ohio  (1851),  Art.  2. 

Sec.  33.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives.  The  senate  may  propose  amendments  to  revenue  bills. 
No  revenue  bill  shall  be  passed  during  the  five  last  da  vs  of  the  session. — • 
Okla.  (1907),  Art.  5. 

Sec.  18.  Bills  may  originate  in  either  house,  but  may  be  amended  or 
rejected  in  the  other,  except  that  bills  for  raising  revenue  shall  originate 
in  the  house  of  representatives. — Ore.  (1857)  , Art.  4. 

Sec.  21.  Every  act  and  joint  resolution  shall  be  plainly  worded, 
avoiding,  as  far  as  practicable,  the  use  of  technical  terms. — Ore.  (1857), 
Art.  4. 

Sec.  14.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives  but  the  senate  may  propose  amendments,  as  in  other  bills. 
—Pa.  (1873),  Art.  3. 

Sec.  15.  Bills  for  raising  revenue  shall  originate  in  the  house  of  repre- 
sentatives, but  may  be  altered,  amended  or  rejected  by  the  senate;  all 
other  bills  may  originate  in  either  house,  and  may  be  amended,  altered  or 
rejected  by  the  other. — S.  C.  (1895),  Art.  3. 

Sec.  20.  Any  bill  may  originate  in  either  house  of  the  legislature  and 
a bill  passed  bv  one  house  may  be  amended  in  the  other. — $.  D.  (1889), 
Art.  3. 

Sec.  17.  Bills  may  originate  in  either  house;  but  may  be  amended, 
altered,  or  rejected  by  the  other.  No  bill  shall  become  a law  which  em- 
braces more  than  one  subject,  that  subject  to  be  expressed  in  the  title. 
All  acts  which  repeal,  revive,  or  amend  former  laws  shall  recite  in  their 
caption,  or  otherwise,  the  title  or  substance  of  the  law  repealed,  revived, 
or  amended. — Term.  (1870),  Art.  2. 

Sec.  31.  Bills  may  originate  in  either  house,  and  when  passed  by  such 
house  mav  be  amended,  altered  or  rejected  by  the  other. — Tex.  (1875), 
Art.  3. 


Sec.  33.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives,  but  the  senate  may  amend  or  reject  them  as  other  bills. — 
Tex.  (1875),  Art.  3. 


Ill 


Sec.  20.  Any  bill  may  originate  in  either  house  of  the  legislature,  and 
a bill  passed  by  one  house  may  be  amended  in  the  other. — Wash.  (1889), 
Art.  2. 

Sec.  28.  Bills  and  resolutions  may  originate  in  either  house,  but  may 
be  passed,  amended  or  rejected  by  the  other. — W.  Va.  (1872),  Art.  6. 

Sec.  19.  Any  bill  may  originate  in  either  house  of  the  legislature,  and 
a bill  passed  bv  one  house  may  be  amended  bv  the  other. — Wis.  (1848), 
Art.  4. 

Sec.  33.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives;  but  the  senate  may  propose  amendments,  as  in  case  of 
other  bills. — Wyo.  (1889),  Art.  3. 


APPROPRIATION  BILLS. 

Sec.  71.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  executive,  legislative  and 
judicial  departments  of  the  state,  for  interest  on  the  public  debt,  and 
for  the  public  schools.  The  salary  of  no  officer  or  employe  shall  be  in- 
creased in  such  bill,  nor  shall  any  appropriation  be  made  therein  for  any 
officer  or  employe,  unless  his  employment  and  the  amount  of  his  salary 
have  already  been  provided  for  by  law.  All  other  appropriations  shall  be 
made  by  separate  bills,  each  embracing  but  one  subject. — Ala.  (1901), 
Art.  4. 


Sec.  30.  The  general  appropriation  bill  shall  embrace  nothing  but  ap- 
propriations for  the  ordinary  expense  of  the  executive,  legislative  and 
judicial  departments  of  the  state.  All  other  appropriations  shall  be 
made  by  separate  bills,  each  embracing  but  one  subject. — Ark.  (1874), 
Art.  5. 


Sec.  29.  The  general  appropriation  bill  shall  contain  no  item  or  items 
of  appropriation  other  than  such  as  are  required  to  pay  the  salaries  of 
the  state  officers,  the  expenses  of  the  government,  and  of  the  institutions 
under  the  exclusive  control  and  management  of  the  state. — Cal.  (1880), 
Art.  4. 

Sec.  34.  No  bill  making  an  appropriation  of  money,  except  the  general 
appropriation  bill,  shall  contain  more  than  one  item  of  appropriation, 
and  that  for  one  single  and  certain  purpose,  to  be  therein  expressed. — 
Cal.  (1880),  Art.  4. 

Sec.  32.  The  general  appropriation  bill  shall  embrace  nothing  but  ap- 
propriations for  the  ordinary  expenses  of  the  executive,  legislative  or 
judicial  departments  of  the  state,  interest  on  the  public  debt,  and  for 
public  schools.  All  other  appropriations  shall  be  made  by  separate 
bills,  each  embracing  but  one  subject. — Colo.  (1876),  Art.  5. 

Sec.  4.  Par.  9.  The  general  appropriation  bill  shall  embrace  nothing 


112 


except  appropriations  fixed  by  previous  laws,  the  ordinary  expenses  of 
the  executive,  legislative  and  judicial  departments,  of  the  government, 
payment  of  the  public  debt  and  interest  thereon,  and  the  support  of  the 
public  institutions  and  educational  interests  of  the  state.  All  other  ap- 
propriations shall  be  made  by  separate  bills,  each  embracing  but  one 
subject. — Ga.  (1877),  Art.  3. 

Art.  55.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  government,  interest 
on  the  public  debt,  public  schools  and  public  charities;  and  such  bill 
shall  be  so  itemized  as  to  show  for  what  account  each  and  every  appro- 
priation shall  be  made.  All  other  appropriations  shall  be  made  by 
separate  bills,  each  embracing  but  one  object. — La.  (189S),  Art.  55. 

Art.  5G.  Each  appropriation  shall  be  for  a specific  purpose,  and  no 
appropriation  shall  be  made  under  the  head  or  title  of  contingent;  nor 
shall  any  officer  or  department  of  government  receive  any  amount  from 
the  treasury  for  contingencies  or  for  a contingent  fund. — La.  (1898), 
Art.  56. 

Sec.  22.  No  provision  or  enactment  shall  be  embraced  in  the  annual 
appropriation  or  supply  bill,  unless  it  relates  specifically  to  some  particu- 
lar appropriation  in  the  bill;  and  any  such  provision  or  enactment  shall 
be  limited  in  its  operation  to  such  appropriation. — N.  Y.  (1894),  Art.  3. 

Sec.  56.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriation  for  the  expenses  of  the  executive,  legislative,  and  judicial 
departments  of  the  state,  and  for  interest  on  the  public  debt.  The  salary 
of  no  officer  or  employe  of  the  state,  or  any  subdivision  thereof,  shall 
be  increased  in  such  bill,  nor  shall  any  appropriation  be  made  therein  for 
any  such  officer  or  employe,  unless  his  employment  and  the  amount  of 
his  salary,  shall  have  been  already  provided  for  by  law.  All  other  ap- 
propriations shall  be  made  by  separate  bills,  each  embracing  but  one 
subject. — Okla.  (1907),  Art.  5. 

Sec.  63.  No  appropriation  bill  shall  be  passed  by  the  legislature  which 
does  not  fix  definitely  the  maximum  sum  thereby  authorized  to  be  drawn 
from  the  treasury. — -Miss.  (1890),  Art . 4. 

Sec.  64.  No  bill  passed  after  the  adoption  of  this  constitution  to  make 
appropriations  of  money  out  of  the  state  treasury  shall  continue  in  force 
more  than  six  months  after  the  meeting  of  the  legislature  at  its  next 
regular  session ; nor  shall  such  bill  be  passed  except  by  the  votes  of  a 
majority  of  all  the  members  elected  to  each  house  of  the  legislature. — 
Miss.  (1.890) , AH.  4. 

Sec.  68.  Appropriation  and  revenue  bills  shall,  at  regular  sessions  of 
the  legislature,  have  precedence  in  both  houses  over  all  other  business, 
and  no  such  bills  shall  be  passed  during  the  last  five  davs  of  the  session. 
—Miss.  (1890),  Art.  4. 

Sec.  69.  General  appropriation  bills  shall  contain  only  the  appropri- 
ations to  defray  the  ordinary  expenses  of  the  executive,  legislative,  and 


113 


judicial  departments  of  the  government;  to  pay  interest  on  state  bonds, 
and  to  support  the  common  schools.  All  other  appropriations  shall  be 
made  by  separate  bills,  each  embracing  but  one  subject.  Legislation 
shall  not  be  engrafted  on  appropriation  bills,  but  the  same  may  prescribe 
the  conditions  on  which  the  money  may  be  drawn,  and  for  what  purposes 
paid. — Miss.  (1890),  Art.  4. 

Sec.  34.  The  general  appropriation  bills  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  legislative,  executive  and 
judicial  departments  of  the  state,  interest  On  the  public  debt,  and  for 
public  schools.  All  other  appropriations  shall  be  made  by  separate 
bills,  each  embracing  but  one  subject. — Wyo.  (1889),  Art.  3. 


LIMIT  OF  INTRODUCTION  OF  BILLS. 

Sec.  34.  No  new  bill  shall  be  introduced  into  either  house  during  the 
last  three  days  of  the  session. — Ark.  (1874),  Art.  5. 

Art.  38.  No  bill,  ordinance  or  resolution,  intended  to  have  the  effect 
of  a law,  which  shall  (have)  been  rejected  by  either  house,  shall  be 
again  proposed  in  the  same  house  during  the  same  session,  under  the 
same  or  any  other  title,  without  the  consent  of  a majority  of  the  house 
by  which  the  same  was  rejected. — La.  (1898),  Art.  38. 

Sec.  67.  No  new  bill  shall  be  introduced  into  either  house  of  the  legis- 
lature during  the  last  three  days  of  the  session. — Miss.  (1890),  Art.  4. 

Sec.  21.  No  bill  for  the  appropriation  of  money,  except  for  the  ex- 
penses of  the  government,  shall  be  introduced  within  ten  days  of  the 
close  of  the  session,  except  by  unanimous  consent  of  the  house  in  which 
it  is  sought  to  be  introduced. — Mont.  (1889),  Art.  5. 

Sec.  60.  No  bill  for  the  appropriation  of  money,  except  for  the  ex- 
penses of  the  government,  shall  be  introduced  after  the  fortieth  day  of 
the  session,  except  by  unanimous  consent  of  the  house  in  which  it  is 
sought  to  be  introduced. — -N.  Dak.  (1889),  Art.  2. 

Sec.  36.  No  bill  shall  be  considered  in  either  house  unless  the  time 
for  its  introduction  shall  have  been  at  least  ten  days  before  the  final 
adjournment  of  the  legislature,  unless  the  legislature  shall  otherwise 
direct  by  a vote  of  two-thirds  of  all  the  members  elected  to  each  house, 
said  vote  to  be  taken  by  yeas  and  nays  and  entered  upon  the  journal, 
or  unless  the  same  be  at  a special  session. — Wash.  (1889),  Art.  2. 

Sec.  22.  No  bill  for  the  appropriation  of  money,  except  for  the  ex- 
penses of  the  government,  shall  be  introduced  within  five  (5)  days  of  the 
close  of  the  session,  except  by  unanimous  consent  of  the  house  in  which 
it  is  sought  to  be  introduced. — Wyo.  (1889),  Art.  3. 

15 — Legislative  Dept. 


APPROVAL  OF  BILLS. 


(18)  Sec.  14.  Every  bill  and  concurrent  resolution , except  of  ad- 
journment, passed  by  the  legislature,  shall  be  presented  to  the  governor 
before  it  becomes  a law . If  he  approve,  he  shall  sign  it;  but  if  not , lie 
shall  return  it,  with  his  objections , to  the  house  in  which  it  originated, 
which  shall  enter  the  objections  at  large  upon  their  journal,  and  recon- 
sider it.  On  such  reconsideration  if  two-thirds  of  the  members  elected 
agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to  the  other 
house,  by  which  it  shall  be  reconsidered.  If  approved  by  two-thirds  of 
the  members  elected  to  that  house,  it  shall  become  a law.  In  such  case 
the  vote  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  and  against  the  bill  shall  be  entered  on 
the  journals  of  each  house  respectively.  If  any  bill  be  not  returned  by 
the  governor  within  ten  days,  Sundays  excepted,  after  it  has  been  pre- 
sented to  him,  the  same  shall  become  a law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  legislature,  by  their  adjournment , prevent  its  return, 
in  which  case  it  shall  not  become  a law.  The  governor  may  approve, 
sign  wnd  file  in  the  office  of  the  secretary  of  state,  within  five  days  after 
the  adjournment  of  the  legislature,  any  act  passed  during  the  last  five 
days  of  the  session,  and  the  same  shall  become  a law. — Mich.  (1850), 
Art.  14. 

Sec.  125.  Every  bill  which  shall  have  passed  both  houses  of  the  legis- 
lature, except  as  otherwise  provided  in  this  constitution,  shall  be  pre- 
sented to  the  governor;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall 
return  it  with  his  objections  to  the  house  in  which  it  originated,  which 
shall  enter  the  objections  at  large  upon  the  journal  and  proceed  to  re- 
consider it.  If  the  governor’s  message  proposes  no  amendment  which 
would  remove  his  objections  to  the  bill,  the  house  in  which  the  bill  or- 
iginated may  proceed  to  reconsider,  and  if  a majority  of  the  whole  num- 
ber elected  to  that  house  vote  for  the  passage  of  the  bill,  it  shall  be 
sent  to  the  other  hotise,  which  shall  in  like  manner  reconsider,  and  if  a 
majority  of  the  whole  number  elected  to  that  house  vote  for  the  passage 
of  the  bill,  the  same  shall  become  a law,  notwithstanding  the  governor's 
veto  if  the  governor’s  message  proposes  amendment,  which  would  remove 
his  objections,  the  house  to  which  it  is  sent  may  so  amend  the  bill  and 
send  it  with  the  governor’s  message  to  the  other  house,  which  may  adopt 
but  cannot  amend,  said  amendment;  and  both  houses  concurring  in  the 
amendment,  the  bill  shall  again  be  sent  to  the  governor  and  acted  on  by 
him  as  other  bills.  If  the  house  to  which  the  bill  is  returned  refuses  to 
make  such  amendment,  it  shall  proceed  to  reconsider;  and  if  a majority  of 
the  whole  number  elected  to  that  house  shall  vote  for  the  passage  of  the 
bill,  it  shall  be  sent  with  the  objections  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by  a majority  of  the  whole 
number  elected  to  that  house,  it  shall  become  a law.  If  the  house  to  which 
the  .bill  is  returned  makes  the  amendment  and  the  other  house  declines 
to  pass  the  same,  that  house  shall  proceed  to  reconsider,  as  though  the 
bill  had  originated  therein,  and  such  proceedings  shall  be  taken  thereon 
as  above  provided.  In  every  such  case  the  vote  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  members  voting  for 
or  against  the  bill  shall  be  entered  upon  the  journals  of  each  house  re- 
spectively. If  any  bill  shall  not  be  returned  by  the  governor  within  six 


. 115 


days,  Sundays  excepted,  after  it  shall  have  been  presented,  the  same 
shall  become  a law  in  like  manner  as  if  he  had  signed  it,  unless  the  legis- 
lature, by  its  adjournment,  prevent  the  return,  in  which  case  it  shall 
not  be  a law;  but  when  return  is  prevented  by  recess  such  bill  must 
be  returned  to  the  house  in  which  it  originated  within  two  days  after  the 
reassembling,  otherwise  it  shall  become  a law,  but  bills  presented  to  the 
governor  within  five  days  before  the  final  adjournment  of  the  legislature 
may  be  approved  by  the  governor  at  any  time  within  ten  days  after  such 
adjournment,  and  if  approved  and  deposited  with  the  secretary  of  state 
within  that  time  shall  become  law.  Every  vote,  order,  or  resolution  to 
which  concurrence  of  both  houses  may  be  necessary,  except  on  questions 
of  adjournment  and  the  bringing  on  of  elections  by  the  two  houses,  and 
amending  this  constitution,  shall  be  presented  to  the  governor;  and, 
before  the  same  shall  take  effect,  be  approved  by  him ; or,  being  disap- 
proved, shall  be  repassed  by  both  houses  according  to  the  rules  and 
limitations  prescribed  in  the  case  of  a bill. — Ala.  (1901),  Art.  5. 


Sec.  126.  The  governor  shall  have  power  to  approve  or  disapprove  any 
item  or  items  of  any  appropriation  bill  embracing  distinct  items,  and 
the  part  or  parts  of  the  bill  approved  shall  be  the  law,  and  the  item  or 
items  disapproved  shall  be  void,  unless  repassed  according  to  the  rules 
and  limitations  prescribed  for  the  passage  of  bills  over  the  executive 
veto;  and  he  shall  in  writing  state  specifically  the  item  or  items  he  dis- 
approves, setting  the  same  out  in  full  in  his  message,  but  in  such  case 
the  enrolled  bill  shall  not  be  returned  with  the  governors’  objection.^ 
Ala.  (1901),  Art.  5. 

Sec.  15.  Every  bill  which  shall  have  passed  both  houses  of  the  general 
assembly  shall  be  presented  to  the  governor;  if  he  approve  it  he  shall 
sign  it;  but  if  he  shall  not  approve  it,  he  shall  return  it,  with  his  ob- 
jections, to  the  house  in  which  it  originated,  which  house  shall  enter 
the  objections  at  large  upon  their  journal  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  a majority  of  the  whole  number  elected 
to  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the  objec- 
tions to  the  other  house,  by  which,  likewise,  it  shall  be  reconsidered; 
and,  if  approved  by  a majority  of  the  whole  number  elected  to  that  house, 
it  shall  be  a law;  but  in  such  cases  the  votes  of  both  houses  shall  be  de- 
termined by  “yeas  and  nays,”  and  the  names  of  the  members  voting  for 
or  against  the  bill  shall  be  entered  on  the  journals.  If  any  bill  shall 
not  be  returned  by  the  governor  within  five  days,  Sundays  excepted,  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a law  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  general  assembly,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  become  a law,  unless  he 
shall  file  the  same,  with  his  objections,  in  the  office  of  the  secretary  of 
state  and  give  notice  thereof  by  public  proclamation  within  twenty  days 
after  such  adjournment. — Ark.  (1874),  Art.  6. 

Sec.  16.  Every  order  or  resolution  in  which  the  concurrence  of  both 
houses  of  the  general  assembly  may  be  necessary,  except  on  questions 
of  adjournment,  shall  be  presented  to  the  governor,  and,  before  it  shall 
take  effect,  be  approved  by  him;  or,  being  disapproved,  shall  be  repassed 


116 


by  both  houses,  according  to  the  rules  and  limitations  prescribed  in  the 
case  of  a bill. — Ark.  (1874),  Art.  6. 

Sec.  17.  The  governor  shall  have  power  to  disapprove  any  item  or 
items  of  any  bill  making  appropriation  of  money,  embracing  distinct 
items;  and  the  part  or  parts  of  the  bill  approved  shall  be  the  law,  and 
the  item  or  items  of  appropriations  disapproved  shall  be  void,  unless 
repassed  according  to  the  rules  and  limitations  prescribed  for  the  pass- 
age of  other  bills  over  the  executive  veto. — Ark.  (1874),  Art.  6. 

Sec.  16.  Every  bill  wdiich  may  have  passed  the  legislature  shall,  be- 
fore it  becomes  a law,  be  presented  to  the  governor.  If  he  approve  it, 
he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objections,  to 
the  house  in  which  it  originated,  which  shall  enter  such  objections  upon 
the  journal  and  proceed  to  reconsider  it.  If,  after  such  reconsiderations, 
it  again  passes  both  houses,  by  yeas  and  nays,  two-thirds  of  the  members 
elected  to  each  house  voting  therefor,  it  shall  become  a law,  notwith- 
standing the  governor’s  objections.  If  any  bill  shall  not  be  returned 
within  ten  days  after  it  shall  have  been  presented  to  him  (Sundays  ex- 
cepted), the  same  shall  become  a law  in  like  manner  as  if  he  had  signed 
it,  unless  the  legislature,  by  adjournment,  prevent  such  return,  in  which 
case  it  shall  not  become  a law,  unless  the  governor,  within  ten  days  after 
such  adjournment  (Sundays  excepted),  shall  sign  and  deposit  the  same 
in  the  office  of  the  secretary  of  state,  in  which  case  it  shall  become  a law 
in  like  manner  as  if  it  had  been  signed  by  him  before  adjournment.  If 
any  bill  presented  to  the  governor  contains  several  items  of  appropria- 
tion of  money,  he  may  object  to  one  or  more  items,  while  approving  other 
portions  of  the  bill.  In  such  case  he  shall  append  to  the  bill,  at  the  time 
of  signing  it,  a statement  of  the  items  to  which  he  objects,  and  the  rea- 
sons therefor,  and  the  appropriations  so  objected  to  shall  not  take  effect 
unless  passed  over  the  governor’s  veto,  as  hereinbefore  provided.  If  the 
legislature  be  in  session,  the  governor  shall  transmit  to  the  house  in 
which  the  bill  originated  a copy  of  such  statement,  and  the  items  so 
objected  to  shall  be  separately  reconsidered  in  the  same  manner  as  bills 
which  have  been  disapproved  by  the  governor. — Cal.  (1880),  Art.  4. 

Sec.  11.  Every  bill  passed  by  the  general  assembly  before  it  becomes 
a law,  be  presented  to  the  governor.  If  he  approve,  he  shall  sign  it,  and 
thereupon  it  shall  become  a law;  but  if  he  do  not  approve,  he  shall  re- 
turn it  with  his  objections  to  the  house  in  which  it  originated,  which 
house  shall  enter  the  objections  at  large  upon  its  journal,  and  proceed 
to  reconsider  the  bill.  If  then,  two-thirds  of  the  members  elected  agreed 
to  pass  the  same,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two-thirds  of  the  members  elected  to  that  house,  it  shall  become  a law, 
notwithstanding  the  objections  of  the  governor.  In  all  such  cases  the 
vote  of  each  house  shall  be  determined  by  ayes  and  noes,  to  be  entered 
upon  the  journal.  If  any  bill  shall  not  be  returned  by  the  governor 
within  ten  days  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a law  in  like  manner  as  if  he  had  signed  it,  unless  the  general  assem- 
bly shall,  by  their  adjournment,  prevent  its  return,  in  which  case  it 
shall  be  filed,  with  his  objections,  in  the  office  of  the  secretary  of  state 


117 


within  thirty  days  after  such  adjournment  or  else  become  a law. — Colo. 
(1876),  Art.  4. 

Sec.  12.  The  governor  shall  have  power  to  disapprove  of  any  item  or 
items  of  any  bill  making  appropriations  of  money,  embracing  distinct 
items,  and  the  part  or  parts  of  the  bill  approved  shall  be  law,  and  the 
item  or  items  disapproved  shall  be  void,  unless  enacted  in  the  manner 
following:  If  the  general  assembly  be  in  session,  he  shall  transmit  to  the 
house  in  which  the  bill  originated  a copy  of  the  item  or  items  thereof 
disapproved,  together  with  his  objections  thereto,  and  the  items  ob- 
jected to  shall  be  separately  considered,  and  each  item  shall  then  take 
the  same  course  us  is  prescribed  for  the  passage  of  bills  over  the  execu- 
tive veto. — Colo.  (1876),  Art.  4. 

Sec.  39.  Every  order,  resolution  or  vote  to  which  the  concurrence  of 
both  houses  may  be  necessary,  except  on  the  question  of  adjournment,  or 
relating  solely  to  the  transaction  of  business  of  the  two  houses,  shall  be 
presented  to  the  governor,  and  before  it  shall  take  effect,  be  approved 
by  him,  or  being  disapproved,  shall  be  re-passed  by  two-thirds  of  both 
houses,  according  to  the  rules  and  limitations  prescribed  in  cases  of  a 
bill. — Colo.  (1876),  Art.  5. 

Sec.  12.  Every  bill  which  shall  have  passed  both  houses  of  the  gen- 
eral assembly  shall  be  presented  to  the  governor.  If  he  approves,  he  shall 
sign  and  transmit  it  to  the  secretary,  but  if  not  he  shall  return  it  to  the 
house  in  which  it  originated,  with  his  objections,  which  shall  be  entered 
on  the  journals  of  the  bouse,  who  shall  proceed  to  reconsider  the  bill. 
If,  after  such  reconsideration,  that  house  shall  again  pass  it,  it  shall  be 
•sent,  with  objections,  to  the  other  house,  which  shall  also  reconsider  it. 
If,  approved,  it  shall  become  a law.  But  in  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays;  and  the  names  of  the  mem- 
bers voting  for  and  against  the  bill  shall  be  entered  on  the  journals  of 
■each  house  respectively.  If  the  bill  shall  not  be  returned  by  the  gover- 
nor within  three  days,  Sundays  excepted,  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  general  assembly,  by  their  adjournment,  prevents  its  re- 
turn; in  which  case  it  shall  not  be  a law. — Conn.  (1818),  Art.  4. 

Sec.  18.  Every  bill  shall  have  passed  both  houses  of  the  general  as- 
sembly shall,  before  it  comes  a law,  be  presented  to  the  governor; 
if  he  approve,  he  shall  sign  it;  but  if  he  shall  not  approve,  he  shall 
return  it  with  his  objections  to  the  house  in  which  it  shall  have  origin- 
ated, which  house  shall  enter  the  objections  at  large  on  the  journal 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  three- 
fifths  of  all  the  members  elected  to  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent  together  with  the  objections  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  three- 
fifths  of  all  the  members  elected  to  that  house,  it  shall  become  a law; 
but  in  neither  house  shall  the  vote  be  taken  on  the  day  on  which  the 
bill  shall  be  returned  to  it.  In  all  such  cases  the  votes  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  and  against  the  bill  shall  be  entered  on  the  journal  of  each 


118 


house  respectively.  If  any  bill  shall  not  be  returned  by  the  governor 
within  ten  days,  Sundays  excepted,  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a law  in  like  manner  as  if  he  had  signed  it* 
unless  the  general  assembly  shall,  by  adjournment,  prevent  its  return, 
in  which  case  it  shall  not  become  a law  without  the  approval  of  the 
governor.  No  bill  shall  become  a law  after  the  final  adjournment  of 
the  general  assembly,  unless  approved  by  the  governor  within  thirty 
days  after  such  adjournment.  The  governor  shall  have  power  to  dis- 
approve of  any  item  or  items  of  any  bill  making  appropriations  of 
money,  embracing  distinct  items,  and  the  part  or  parts  of  the  bill 
approved  shall  be  the  law,  and  the  item  or  items  of  appropriation 
disapproved  shall  be  void,  unless  repassed  according  to  the  rules  and 
limitations  prescribed  for  the  passage  of  other  bills,  over  the  executive 
veto.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of 
both  houses  of  the  general  assembly  may  be  necessary,  except  on  a 
question  of  adjournment,  shall  be  presented  to  the  governor,  and  be- 
fore the  same  shall  take  effect  be  approved  by  him,  or  being  disap- 
approved  by  him,  shall  be  repassed  by  three-fifths  of  all  the  members 
elected  to  each  house  of  the  general  assembly,  according  to  the  rules 
and  limitations  prescribed  in  the  case  of  a bill. — Del.  (1897),  Art.  3. 

Sec.  28.  Every  bill  that  may  have  passed  the  legislature  shall,  before 
becoming  a law,  be  presented  to  the  governor;  if  he  approves  it  he  shall 
sign  it,  but  if  not  he  shall  return  it  with  his  objections  to  the  house  in 
which  it  originated;  which  house  shall  cause  such  objections  to  be  en- 
tered upon  its  journal,  and  proceed  to  reconsider  it;  if,  after  such  recon- 
sideration, it  shall  pass  both  houses  by  a two-thirds  vote  of  members 
present,  which  vote  shall  be  entered  on  the  journal  of  each  house,  it 
shall  become  a law.  If  any  bill  shall  not  be  returned  within  five  days 
after  it  shall  have  been  presented  to  the  governor  (Sunday  excepted) 
the  same  shall  be  a law,  in  like  manner  as  if  he  had  signed  it.  If  the 
legislature,  by  its  final  adjournment  prevent  such  action,  such  bill  shall 
be  a law,  unless  the  governor,  within  ten  days  after  the  adjournment, 
shall  file  such  bill,  with  his  objections  thereto,  in  the  office  of  the  secre- 
tary of  state,  who  shall  lay  the  same  before  the  legislature  at  its  next 
session  and  if  the  same  shall  receive  two-thirds  of  the  votes  present,  it 
shall  become  a law. — Flu.  (1885),  Art.  3. 

Sec.  18.  The  governor  shall  have  power  to  disapprove  of  any  item  or 
items  of  any  bills  making  appropriations  of  money  embracing  distinct 
items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the  law,  and 
the  item  or  items  of  appropriation  disapproved  shall  be  void,  unless  re- 
passed according  to  the  rules  and  limitations  prescribed  for  the  passage 
of  other  bills  over  the  executive  veto. — Fla.  (1885),  Art.  4. 

Sec.  7.  Par.  14.  No  bill  shall  become  a law  unless  it  shall  receive  a 
majority  of  the  votes  of  all  the  members  elected  to  each  house  of  the  gen- 
eral assemblv,  and  it  shall,  in  everv  instance,  so  appear  on  the  journal. — 
Ga.  (1877),  Art.  3. 

Sec.  7.  Par.  23.  No  provision  in  this  constitution,  for  a two-thirdsr 
vote  of  both  houses  of  the  general  assembly,  shall  be  construed  to  waive 


119 


the  necessity  for  the  signature  of  the  governor,  as  in  any  other  case,  ex- 
cept in  the  case  of  the  two-thirds’  vote  required  to  override  the  veto, 
and  in  case  of  prolongation  of  a session  of  the  general  assembly. — Ga. 
(1977),  Art.  3. 

Sec.  1.  Par.  16.  The  governor  shall  have  the  revision  of  all  bills 
passed  by  the  general  assembly,  before  the  same  shall  become  laws,  but 
two-thirds  of  each  house  may  pass  a law,  notwithstanding  his  dissent; 
and  if  any  bill  shall  not  be  returned  by  the  governor  within  five  days 
(Sundays  excepted)  after  it  has  been  presented  to  him,  the  same  shall 
be  a law,  unless  the  general  assembly,  by  their  adjournment,  shall  pre- 
vent its  return.  He  may  approve  any  appropriation,  and  disapprove  any 
other  appropriation,  in  the  same  bill,  and  the  latter  shall  not  be  effectual, 
unless  passed  by  two-tliirds  of  each  house. — Ga.  (1877),  Art.  5. 

Sec.  1.  Par.  17.  Every  vote,  resolution  or  order,  to  which  the  concur- 
rence of  both  houses  may  be  necessary,  except  on  a question  of  election 
or  adjournment,  shall  be  presented  to  the  governor,  and  before  it  shall 
take  effect  be  approved  by  him,  or  being  disapproved,  shall  be  repassed 
by  two-thirds  of  each  house. 

Sec.  10.  Every  bill  passed  by  the  legislature  shall,  before  it  becomes 
a law,  be  presented  to  the  governor.  If  he  approve,  he  shall  sign  it,  and 
thereupon  it  shall  become  a law;  but  if  he  do  not  approve,  he  shall  re- 
turn it  with  his  objections  to  the  house  in  which  it  originated,  which 
house  shall  enter  the  objections  at  large  upon  its  journals  and  proceed 
to  reconsider  the  bill.  If  then  two-thirds  of  the  members  present  agree 
to  pass  the  same  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered ; and  if  approved 
by  two-thirds  of  the  members  present  in  that  house,  it  shall  become  a 
law,  notwithstanding  the  objections  of  the  governor.  In  all  such  cases 
the  vote  of  each  house  shall  be  determined  by  yeas  and  nays,  to  be  en- 
tered on  the  journal.  Any  bill  which  shall  not  be  returned  by  the  gov- 
ernor to  the  legislature  within  five  days  (Sunday  excepted)  after  it 
shall  have  been  presented  to  him,  shall  become  a law  in  like  manner, 
as  if  he  had  signed  it,  unless  the  legislature  shall  by  adjournment,  pre- 
vent its  return,  in  which  case  it  shall  be  filed,  with  his  objections,  in 
the  office  of  the  secretary  of  state  within  ten  days  after  such  adjourn- 
ment (Sundays  excepted),  or  become  a law. — Idaho  (1889),  Art.  4. 

Sec.  11.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  money  embracing  dis- 
tinct items,  and  the  part  or  parts  approved  shall  become  a law  and 
the  item  or  items  disapproved  shall  be  void  unless  enacted  in  the  man- 
ner following:  If  the  legislature  be  in  session,  he  shall  within  five  days 
transmit  to  the  house  within  which  the  bill  originated  a copy  of  the 
item  or  items  thereof  disapproved,  together  with  his  objections  thereto, 
and  the  items  objected  to  shall  be  separately  reconsidered,  and  each 
item  shall  then  take  the  same  course  as  is  prescribed  for  the  passage 
of  bills  over  the  executive  veto. — Idaho  (1889),  Art.  4. 

Sec.  16.  Every  bill  passed  by  the  general  assembly  shall,  before  it 
becomes  a law,  be  presented  to  the  governor.  If  he  approve,  he  shall 


120 


sign  it,  and  thereupon  it  shall  become  a law;  but  if  he  do  not  approve, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  shall 
have  originated,  which  house  shall  enter  the  objections  at  large  upon 
its  journal  and  proceed  to  reconsider  the  bill.  If  then  two-thirds  of 
the  members  elected  agree  to  pass  the  same,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered;  and  if  approved  by  two-thirds  of  the  members  elected  to 
that  house,  it  shall  become  a law,  notwithstanding  the  objections  of  the 
governor;  but  in  all  such  cases  the  vote  of  each  house  shall  be  deter- 
mined by  yeas  and  nays,  to  be  entered  upon  the  journal.  Bills  making 
appropriations  of  money  out  of  the  treasury  shall  specify  the  objects 
and  purposes  for  which  the  same  are  made,  and  appropriate  to  them 
respectively  for  their  several  amounts  in  distinct  items  and  sections. 
And  if  the  governor  shall  not  approve  any  one  or  more  of  the  items  or 
sections  contained  in  any  bill,  but  shall  approve  the  residue  thereof,  it 
shall  become  a law,  as  to  the  residue,  in  like  manner  as  if  he  had  signed 
it.  The  governor  shall  then  return  the  bill,  with  his  objections  to  the 
items  or  sections  of  the  same  not  approved  by  him,  to  the  house  in  which 
the  bill  shall  have  originated,  which  house  shall  enter  the  objections 
at  large  upon  its  journal,  and  proceed  to  reconsider  so  much  of  said  bill 
as  is  not  approved  by  the  governor.  The  same  proceedings  shall  be  had 
in  both  houses  in  reconsidering  the  same  as  is  hereinbefore  provided  in 
case  of  an  entire  bill  returned  by  the  governor  with  his  objections;  and 
if  any  item  or  section  of  said  bill  not  approved  by  the  governor  shall 
be  passed  by  two-thirds  of  the  members  elected  to  each  of  the  two  houses 
of  the  general  assembly,  it  shall  become  part  of  said  law,  notwithstanding 
the  objections  of  the  governor.  Any  bill  which  shall  not  be  returned  by 
the  governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  shall  become  a law  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly  shall  by  their  adjournment  pre- 
vent its  return,  in  which  case  it  shall  be  filed  with  his  objections  in 
the  office  of  the  secretary  of  state,  within  ten  days  after  such  adjourn- 
ment, or  become  a law. — III.  (1870),  Art.  5 (Arndt.  1884). 

Sec.  14.  Every  bill  which  shall  have  passed  the  general  assembly 
shall  be  presented  to  the  governor;  if  he  approve,  he  shall  sign  it,  but 
if  not,  he  shall  return  it,  with  his  objections,  to  the  house  in  which  it 
shall  have  originated,  which  house  shall  enter  the  objections  at  large 
upon  its  journals  and  proceed  to  reconsider  the  bill.  If,  after  such 
reconsideration,  a majority  of  all  the  members  elected  to  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  governor's  ob- 
jections, to  the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  a majority  of  all  the  members  elected  to  that  house, 
it  shall  be  a law.  If  any  bill  shall  not  be  returned  by  the  governor 
within  three  days,  Sundays  excepted,  after  it  shall  have  been  presented 
to  him,  it  shall  be  a law  without  his  signature,  unless  the  general  ad- 
journment shall  prevent  its  return,  in  which  case  it  shall  be  a law  unless 
the  governor,  within  five  days  next  after  such  adjournment,  shall  file 
such  bill,  with,  his  objections  thereto,  in  the  office  of  the  secretary  of 
state,  who  shall  lay  the  same  before  the  general  assembly  at  rts  next 
session  in  like  manner  as  if  it  had  been  returned  by  the  governor.  But 
no  bill  shall  be  presented  to  the  governor  within  two  days  next  previ- 


» 


ous  to  the  final  adjournment  of  the  general  assembly.  Ind.  (1851), 
Art.  5. 

Sec.  16.  Every  bill  which  shall  have  passed  the  general  assembly 
shall,  before  it  becomes  a law,  be  presented  to  the  governor.  If  he  ap- 
prove, he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objec- 
tions, to  the  house  in  which  it  originated,  which  shall  enter  the  same 
upon  their  journal,  and  proceed  to  reconsider  it;  if,  after  such  recon- 
sideration, it  again  pass  both  houses,  by  yeas  and  nays,  by  a majority 
of  two-tliirds  of  the  members  of  each  house,  it  shall  become  a law,  not- 
withstanding the  governor’s  objections.  If  any  bill  shall  not  be  returned 
within  three  days  after  it  shall  have  been  presented  to  him  (Sunday 
excepted),  the  same  shall  be  a law  in  like  manner  as  if  he  had  signed 
it,  unless  the  general  assembly,  by  adjournment,  prevent  such  return. 
Any  bill  submitted  to  the  governor  for  his  approval  during  the  last 
three  days  of  a session  of  the  general  assembly,  shall  be  deposited  by  him 
in  the  office  of  the  secretary  of  state  within  thirty  days  after  the  ad- 
journment, with  his  approval,  if  approved  by  him,  and  with  his  objec- 
tions, if  he  disapproves  thereof. — Ioica  (1857),  Art.  3. 

Sec.  14.  Every  bill  and  joint  resolution  passed  by  the  house  of 
representatives  and  senate  shall,  within  two  days  thereafter,  be  signed 
by  the  presiding  officers,  and  presented  to  the  govenor;  if  he  approve, 
he  shall  sign  it;  but  if  not,  he  shall  return  it  to  the  house  of  repre- 
sentatives, which  shall  enter  the  objections  at  large  up  its  journal  and 
proceed  to  reconsider  the  same.  If,  after  such  reconsideration,  two- 
thirds  of  the  members  elected  shall  agree  to  pass  the  bill  or  resolution, 
it  shall  be  sent,  with  the  objections,  to  the  senate,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two-thirds  of  all  the  mem- 
bers elected,  it  shall  become  a law ; but  in  all  such  cases  the  votes  shall  be 
taken  by  yeas  and  nays,  and  entered  upon  the  journals  of  each  house.  If 
any  bill  shall  not  be  returned  within  three  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  the  governor,  it  shall  become  a law 
in  like  manner  as  if  he  had  signed  it,  unless  the  legislature,  by  its  ad- 
journment, prevent  its  return,  in  which  case  it  ^aall  not  become  a law. 
If  any  bill  presented  to  the  governor  contain  several  items  of  appro- 
priation of  money,  he  may  object  to  one  or  more  of  such  items,  while 
approving  the  other  portion  of  the  bill ; in  such  case  he  shall  append 
to  the  bill,  at  the  time  of  signing  it,  a statement  of  the  item  or  items 
to  which  he  objects,  and  the  reason  therefor,  and  shall  transmit  such 
statement,  or  a copy  thereof,  to  the  house  of  representatives,  and  any 
appropriations  so  objected  to  shall  not  take  effect  unless  reconsidered 
and  approved  by  two-thirds  of  the  members  elected  to  each  house,  and, 
if  so  reconsidered  and  approved,  shall  take  effect  and  become  a part  of 
the  bill,  in  which  case  the  presiding  officers  of  each  house  shall  certify 
on  such  bill  such  fact  of  reconsideration  and  approval. — Kan.  (1859), 
Art.  2 (Arndt.  1894.). 

Sec.  88.  Every  bill  which  shall  have  passed  the  two  houses  shall  be 
presented  to  the  governor.  If  he  approve,  he  shall  sign  it;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  origi- 
nated, which  shall  enter  the  objections  in  full  upon  its  journal,  and  pro- 
16 — Legislative  Dept. 


ceed  to  reconsider  it.  If,  after  such  reconsideration,  a majority  of  all 
the  members  elected  to  that  house  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  with  the  objections,  to  the  other  house,  by  which  it  shall  like- 
wise be  considered,  and  if  approved  by  a majority  of  all  the  members 
elected  to  that  house,  it  shall  be  a law;  but  in  such  case  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  members  voting  for  and  against  the  bill  shall  be  entered  upon  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be  returned  by 
the  governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  it  shall  be  a law  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly,  by  their  adjournment,  prevent 
its  return,  in  which  case  it  shall  be  a law,  unless  disapproved  by  him 
within  ten  days  after  the  adjournment,  in  which  case  his  veto  message 
shall  be  spread  upon  the  register  kept  by  the  secretary  of  state.  The 
governor  shall  have  power  to  disapprove  any  part  or  parts  of  appro- 
priation bills  embracing  distinct  items,  and  the  part  or  parts  disap- 
proved shall  not  become  a law  unless  reconsidered  and  passed,  as  in 
case  of  a bill. — Ky.  (1897),  Sec.  88. 

Sec.  89.  Every  order,  resolution  or  vole,  in  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  a question  of  adjournment, 
or  as  otherwise  x>™vided  in  this  constitution,  shall  be  presented  to  the 
governor,  and,  before  it  shall  take  effect,  be  approved  by  him;  or  be- 
ing disapproved,  shall  be  repassed  by  a majority  of  the  members  elected 
to  both  houses,  according  to  the  rules  and  limitations  prescribed  in 
case  of  a bill. — Ky.  (1891),  Sec.  89. 

# 

Art.  70.  Every  bill  which  shall  have  passed  both  houses  shall  be 
presented  to  the  governor.  If  he  approves  it,  he  shall  sign  it;  if  not, 
he  shall  return  it,  with  his  objections  in  writing,  to  the  house  in  which 
it  originated,  which  house  shall  enter  the  objections  at  large  upon  the 
journal,  and  proceed  to  reconsider  the  bill.  If,  after  such  reconsidera- 
tion, two-thirds  of  all  the  members  elected  to  that  house  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  with  the  objections  to  the  other  house, 
by  which  likewise  it  shall  be  reconsidered;  and  if  passed  by  two-thirds 
of  the  members  elected  to  that  house,  it  shall  be  a law;  but  in  such 
cases  the  votes  of  both  houses  shall  be  taken  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  and  against  the  bill  shall  be  en- 
tered on  the  journal  of  each  house,  respectively.  If  any  bill  shall  not 
be  returned  by  the  governor  within  five  days  after  it  shall  have  been 
presented  to  him,  it  shall  be  a law  in  like  manner  if  he  signed  it,  un- 
less the  general  assembly,  by  adjournment,  shall  prevent  its  return,  in 
which  case  it  shall  not  be  a law. — La.  (1898),  Art.  76. 

Art.  77.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  money,  embracing  dis- 
tinct items,  and  the  part  or  parts  of  the  bill  approved  shall  be  law,  and 
the  item  or  items  of  appropriation  disapproved  shall  be  void,  unless 
repassed  according  to  the  rules  and  limitations  prescribed  for  the 
passage  of  other  bills  over  the  executive  veto. — La.  (1898),  Art.  77. 

Art.  78.  Every  order,  resolution,  or  vote,  to  which  the  concurrence 


123 


of  both  houses  may  be  necessary,  except  on  a question  of  adjournment, 
or  matters  of  parliamentary  proceedings,  or  an  address  for  removal 
from  office,  shall  be  presented  to  the  governor,  and  before  it  shall  take 
effect,  be  approved  by  him,  or,  being  disapproved,  shall  be  repassed  ac- 
cording to  the  rules  and  limitations  prescribed  for  the  passage  of  bills 
over  the  executive  veto. — La.  (1898),  Art.  78. 

Sec.  2.  Every  bill  or  resolution  having  the  force  of  law,  to  which 
the  concurrence  of  both  houses  may  be  necessary,  except  on  a question 
of  adjournment,  which  shall  have  passed  both  houses,  shall  be  pre- 
sented to  the  governor,  and  if  he  approve,  he  shall  sign  it;  if  not,  he 
shall  return  it  with  his  objections  to  the  house,  in  which  it  shall  have 
originated,  which  shall  enter  the  objections  at  large  on  its  journals, 
and  proceed  to  reconsider  it.  If  after  such  reconsideration,  two-thirds 
of  that  house  shall  agree  to  pass  it,  it  shall  be  sent  together  with  the 
objections,  to  the  other  house,  by  which  it  shall  be  reconsidered,  and, 
if  approved  by  two-thirds  of  that  house,  it  shall  have  the  same  effect, 
as  if  it  had  been  signed  by  the  governor;  but  in  all  such  cases,  the  votes 
of  both  houses  shall  be  taken  by  yeas  and  nays,  and  the  names  of  the 
persons,  voting  for  and  against  the  bill  or  resolution,  shall  be  entered 
on  the  journals  of  both  houses  respectively.  If  the  bill  or  resolution 
shall  be  entered  on  the  journals  of  both  houses  respectively.  If  the 
bill  or  resolution  shall  not  be  returned  by  the  governor  within  five  days, 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  it  shall 
have  the  same  force  and  effect,  as  if  he  had  signed  it,  unless  the  legis- 
lature, by  their  adjournment  prevent  its  return,  in  which  case  it  shall 
have  such  force  and  effect,  unless  returned  within  three  days  after 
their  next  meeting. — Me.  (1819),  Art.  4,  Part  3. 

Sec.  17.  To  guard  against  hasty  or  partial  legislation  and  encroach- 
ments of  the  legislative  department  upon  the  co-ordinate,  executive  and 
judicial  department,  every  bill  which  shall  have  passed  the  house  of 
delegates,  and  the  senate  shall,  before  it  becomes  a law,  be  presented 
to  the  governor  of  the  state;  if  he  approve  he  shall  sign  it,  but  if  not 
he  shall  return  it  with  his  objections  to  the  house  in  which  it  originated, 
which  house  shall  enter  the  objections  at  large  on  its  journal  and  pro- 
ceed to  reconsider  the  bill;  if,  after  such  reconsideration,  three-fifths 
of  the  members  elected  to  that  house  shall  pass  the  bill,  it  shall  be  sent 
with  the  objections  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  it  pass  by  three-fifths  of  the  members  elected  to 
that  house  it  shall  become  a law;  but  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered  on  the  journal 
of  each  house,  respectively.  If  any  bill  shall  not  be  returned  by  the 
governor  within  six  days  (Sundays  excepted),  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a law  in  like  manner  as  if  he  signed 
it,  unless  the  general  assembly  shall,  by  adjournment,  prevent  its  re- 
turn, in  which  case  it  shall  not  be  a law. 

The  governor  shall  have  the  power  to  disapprove  of  any  item  or 
items  of  any  bills  making  appropriations  of  money  embracing  distinct 
items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the  law,  and 
the  item  or  items  of  appropriations  disapproved  shall  be  void  unless 


124 


repassed  according  to  the  rules  or  limitations  prescribed  for  the  pass- 
age of  other  bills  over  the  executive  veto. — Md.  (1867),  Art.  2 (Arndt.). 

Sec.  30.  Every  bill,  when  passed  by  the  general  assembly,  and  sealed 
with  the  great  seal,  shall  be  presented  to  the  governor,  who,  if  he 
approves  it,  shall  sign  the  same  in  the  presence  of  the  presiding  officers 
and  chief  clerks  of  the  senate  and  house  of  delegates.  Every  law  shall 
be  recorded  in  the  office  of  the  court  of  appeals,  and  in  due  time  be 
printed,  published  and  certified  under  the  great  seal,  to  the  several 
courts,  in  the  same  manner  as  has  been  heretofore  usual  in  this  state. 
— Md.  (1867),  Art.  3. 

Art.  2.  No  bill  or  resolve  of  the  senate  or  house  of  representatives 
shall  become  a law,  and  have  force  as  such,  until  it  shall  have  been 
laid  before  the  governor  for  his  revisal ; and  if  he,  upon  such  revision, 
approve  thereof,  he  shall  signify  his  approbation  by  signing  the  same. 
But  if  have  any  objection  to  the  passing  of  such  bill  or  resolve,  he  shall 
return  the  same,  together  with  his  objections  thereto,  in  writing,  to  the 
senate  or. house  of  representatives,  in  whichsoever  the  same  shall  have 
originated;  who  shall  enter  the  objections  sent  down  by  the  governor, 
at  large,  on  their  records,  and  proceed  to  reconsider  the  said  bill  or 
resolve.  But  if  after  such  reconsideration,  two-thirds  of  the  said  sen- 
ate or  house  of  representatives,  shall,  notwithstanding  the  said  ob- 
jections agree  to  pass  the  same,  it  shall,  together  with  the  objections, 
be  sent  to  the  other  branch  of  the  legislature,  where  it  shall  also  be 
reconsidered,  and  if  approved  by  two-thirds  of  the  members  present, 
shall  have  the  force  of  a law:  but  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays;  and  the  names  of  the 
persons  voting  for,  or  against,  the  said  bill  or  resolve,  shall  be  entered 
upon  the  public  records  of  the  commonwealth. 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill  or  resolve 
shall  not  be  returned  by  the  governor  within  five  days  after  it  shall 
have  been  presented,  the  same  shall  have  the  force  of  a law. — Mass. 
(1780),  Part  2,  Chap.  1,  Sec.  1. 

Art.  1.  If  any  bill  or  resolve  shall  be  objected  to,  and  not  approved 
by  the  governor;  and  if  the  general  court  shall  adjourn  within  five 
days  after  the  same  shall  have  been  laid  before  the  governor  for  his 
approbation,  and  thereby  prevent  his  returning  it  with  his*  objections, 
as  provided  by  the  constitution,  such  bill  or  resolve  shall  not  become  a 
law,  nor  have  force  as  such. — Mass.  (1780),  Arndt.  Art.  1 (1821). 

Sec.  11.  Every  bill  which  shall  have  passed  the  senate  and  house 
of  representatives,  in  conformity  to  the  rules  of  each  house  and  the 
joint  rules  of  the  two  houses,  shall,  before  it  becomes  a law,  be  pre- 
sented to  the  governor  of  the  state.  If  he  approve,  he  shall  sign  and 
deposit  it  in  the  office  of  secretary  of  state  for  preservation,  and  notify 
the  house  where  it  originated  of  the  fact.  But  if  not,  he  shall  return 
it,  with  his  objections,  to  the  house  in  which  it  shall  have  originated; 
when  such  objections  shall  be  entered  at  large  on  the  journal  of  the 
same,  and  the  house  shall  proceed  to  reconsider  the  bill.  If,  after  such 
reconsideration,  two-thirds  of  that  house  shall  agree  to  pass  the  bill, 


125 


it  shall  be  sent,  together, with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered;  and  if  it  be  approved  by  two- 
thirds  of  that  house  it  shall  become  a law.  But  in  all  such  cases  the 
votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  or  against  the  bill  shall  be  entered 
on  the  journal  of  each  house,  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  three  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a law  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  legislature,  by  adjournment  within 
that  time,  prevents  its  return ; in  which  case  it  shall  not  be  a law.  The 
governor  may  approve,  sign  and  file  in  the  office  of  the  secretary  of 
state,  within  three  days  after  the  adjournment  of  the  legislature,  any  act 
passed  during  the  last  three  days  of  the  session,  and  the  same  shall  be- 
come a law. 

If  any  bill  presented  to  the  governor  contain  several  items  of  ap- 
propriation of  money,  he  may  object  to  one  or  more  of  such  items,  while 
approving  of  the  other  portion  of  the  bill.  In  such  case  he  shall  append 
to  the  bill,  at  the  time  of  signing  it,  a statement  of  the  items  to  which 
he  objects,  and  the  appropriation  so  objected  to  shall  not  take  effect.  If 
the  legislature  be  in  session,  he  shall  transmit  to  the  house  in  which  the 
bill  originated  a copy  of  such  statement,  and  the  items  objected  to  shall 
be  separately  reconsidered.  If,  on  reconsideration,  one  or  more  of  such 
items  be  approved  by  two-thirds  of  the  members  elected  to  each  house, 
the  same  shall  be  a part  of  the  law,  notwithstanding  the  objections 
of  the  governor.  All  the  provisions  of  this  section,  in  relation  to  bills 
not  approved  by  the  governor,  shall  apply  in  cases  in  which  he  shall 
withhold  his  approval  from  any  item  or  items  contained  in  a bill  ap- 
propriating money. — Minn.  (1857),  Art.  1 {Amclt.  1876). 

Sec.  12.  Xo  money  shall  be  appropriated  except  by  bill.  Every  or- 
der, resolution  or  vote  requiring  the  concurrence  of  the  two  houses 
(except  such  as  relate  to  the  business  or  adjournment  of  the  same) 
shall  be  presented  to  the  governor  for  his  signature,  and,  before  the 
same  shall  take  effect,  shall  be  approved  by  him,  or,  being  returned  by 
him  with'  his  objections,  shall  be  repassed  by  two-thirds  of  the  members 
of  the  two  houses,  according  to  the  rules  and  limitations  prescribed  in 
case  of  a bill. — Minn.  (1857),  Art.  4. 

Sec.  72.  Every  bill  which  shall  pass  both  houses  shall  be  presented 
to  the  governor  of  the  state.  If  he  approve,  he  shall  sign  it;  but  if  he 
does  not  approve,  he  shall  return  it,  with  his  objections,  to  the  house 
in  which  it  originated,  which  shall  enter  the  objections  at  large  upon 
its  journal,  and  proceed  to  reconsider  it.  If  after  such  reconsidera- 
tion two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  with  the  objections,  to  the  other  house,  by  which,  likewise,  it 
shall  be  reconsidered;  and  if  approved  by  two-thirds  of  that  house,  it 
shall  become  a law;  but  in  all  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting  for 
and  against  the  bill  shall  be  entered  on  the  journal  of  each  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  governor  within  five 
days  (Sundays  excepted)  after  it  has  been  presented  to  him  it  shall 
become  a law  in  like  manner  as  if  he  had  signed  it,  unless  the  legisla- 


126 


ture,  by  adjournment,  prevent  its  return  in  which  case  it  shall  be  a law 
unless  sent  back  within  three  days  after  the  beginning  of  the  next  ses- 
sion of  the  legislature.  No  bill  shall  be  approved  when  the  legislature 
is  not  in  session. — Miss.  (1890),  AH.  4. 

Sec.  73.  The  governor  may  veto  parts  of  any  appropriation  bill,  and 
approve  parts  of  the  same,  and  the  portions  approved  shall  be  law. 
—Miss.  (1890),  Art.  4. 

Sec.  38.  When  the  bill  has  been  signed,  as  provided  for  in  the  pre- 
ceding section,  it  shall  be  the  duty  of  the  secretary  of  the  senate,  if  the 
bill  originated  in  the  senate,  and  of  the  chief  clerk  of  the  house  of  rep- 
resentatives, if  the  bill  originated  in  the  house,  to  present  the  same  in 
person,  on  the  same  day  on  which  it  was  signed  as  aforesaid,  to  the 
governor,  and  enter  the  fact  upon  the  journal.  Every  bill  presented  to 
the  governor,  and  return  within  ten  days  to  the  house  in  which  the  same 
originated,  with  the  approval  of  the  governor,  shall  become  a law,  un- 
less it  be  in  violation  of  some  provision  of  this  constitution. — Mo.  (1875), 
Art.  4. 


Sec.  39.  Every  bill  presented  as  aforesaid,  but  returned  without  the 
approval  of  the  governor  and  with  his  objection  thereto,  shall  stand 
as  reconsidered  in  the  house  to  which  it  is  returned.  The  house  shall 
cause  the  objections  of  the  governor  to  be  entered  at  large  upon  the 
journal,  and  proceed,  at  its  convenience,  to  consider  the  question  pend- 
ing, which  shall  be  in  this  form:  “Shall  the  bill  pass,  the  objections 

of  the  governor  thereto  notwithstanding  ?”  The  vote  upon  this  ques- 
tion shall  be  taken  by  yeas  and  nays,  and  the  names  entered  upon  the 
journal,  and  if  two-thirds  of  all  the  members  elected  to  the  house  vote 
in  the  affirmative,  the  presiding  officer  of  that  house  shall  certify  that 
fact  on  the  roll,  attesting  the  same  by  his  signature,  and  send  the  bill, 
with  the  objections  of  the  governor,  to  the  other  bouse,  in  which  like  pro- 
ceedings shall  be  had  in  relation  thereto,  and  if  the  bill  receive  a like 
majority  of  the  votes  of  all  the  members  elected  to  that  house,  the  vote 
being  taken  by  yeas  and  nays,  the  presiding  officer  thereof  shall,  in 
like  manner,  certify  the  fact  upon  the  bill.  The  bill  thus  certified  shall 
be  deposited  in  the  office  of  the  secretary  of  state,  as  an  authentic  act, 
and  shall  become  a law  in  the  same  manner  and  with  like  effect  as  if  it 
had  received  the  approval  of  the  governor. — Mo.  (1875),  Art.  4. 

Sec.  40.  Whenever  the  governor  shall  fail  to  perform  his  duty,  as 
prescribed  in  section  12,  article  5 of  this  constitution,  in  relation  to  any 
bill  presented  to  him  for  his  approval,  the  general  assembly  may,  by 
joint  resolution,  reciting  the  fact  of  such  failure  and  the  bill  at  length, 
direct  the  secretary  of  state  to  enroll  the  same  as  an  authentic  act, 
in  the  achives  of  the  state,  and  such  enrollment,  shall  have  the  same 
effect  as  an  approval  by  the  governor : Provided , That  such  joint  reso- 
lution shall  not  be  submitted  to  the  governor  for  his  approval. — Mo. 
(1875),  Art.  4. 

Sec.  12.  The  governor  shall  consider  all  bills  and  joint  resolutions, 
which,  having  been  passed  by  both  houses  of  the  general  assembly. 


127 


shall  be  presented  to  him.  He  shall,  within  ten  days  after  the  same 
shall  have  been  presented  to  him,  return  to  the  house  in  which  they 
respectively  originated,  all  such  bills  and  joint  resolutions,  with  his 
approval  indorsed  thereon,  or  accompanied  by  his  objections : Provided , 
That  if  the  general  assembly  shall  finally  adjourn  within  ten  days  after 
such  presentation,  the  governor  may,  within  thirty  days  thereafter,  re- 
turn such  bills  and  resolutions  to  the  office  of  the  secretary  of  state, 
with  his  approval  or  reasons  for  disapproval. — Mo.  (1875),  Art.  5. 

Sec.  13.  If  any  bill  presented  to  the  governor  contain  several  items 
of  appropriation  of  money,  he  may  object  to  one  or  more  items  while 
approving  other  portions  of  the  bill.  In  such  case  he  shall  append  to 
the  bill,  at  the  time  of  signing  it,  a statement  of  the  items  to  which  he 
objects,  and  the  appropriations  so  objected  to  shall  not  take  effect.  If 
the  general  assembly  be  in  session,  he  shall  transmit  to  the  house  in 
which  the  bill  originated  a copy  of  such  statement,  and  the  items  ob- 
jected to  shall  be  separately  reconsidered.  If  it  be  not  in  session,  then 
he  shall  transmit  the  same  witfiin  thirty  days  to  the  office  of  the  sec- 
retary of  state,  with  his  approval  or  reasons  for  disapproval. — Mo. 
(1875),  Art.  5. 

Sec.  14.  Every  resolution  to  which  the  concurrence  of  the  senate  and 
house  of  representatives  may  be  necessary,  except  on  questions  of  ad- 
journment, of  going  into  joint  session,  and  of  amending  this  constitu- 
tion, shall  be  presented  to  the  governor,  and  before  the  same  shall  take 
effect,  shall  be  proceeded  upon  the  same  manner  as  in  the  case  of  a bill : 
Provided , That  no  resolution  shall  have  the  effect  to  repeal,  extend,  alter 
or  amend  any  law. — Mo.  (1875),  Art.  5. 

. Sec.  40.  Every  order,  resolution  or  vote,  in  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  the  question  of  adjournment, 
or  relating  solely  to  the  transaction  of  the  business  of  the  two  houses, 
shall  be  presented  to  the  governor,  and  before  it  shall  take  effect  be  ap- 
proved by  him,  or,  being  disapproved,  be  repassed  by  two-thirds  of 
both  houses,  as  prescribed  in  the  case  of  a bill. — Mont.  (1889),  Art.  5. 

Sec.  12.  Every  bill  passed  by  the  legislative  assembly  shall,  before 
it  becomes  a law,  be  presented  to  the  governor.  If  he  approve,  he 
shall  sign  it,  and  thereupon  it  shall  become  a law,  but  if  he  do  not 
approve,  he  shall  return  it  with  his  objections  to  the  house  in  which 
it  was  orignated,  which  house  shall  enter  the  objections  at  large  upon 
its  journal  and  proceed  to  reconsider  the  bill.  If  then  two-thirds  of 
the  members  present  agree  to  pass  the  same,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds  of  the  members  present  in 
that  house  it  shall  become  a law  notwithstanding  the  objections  of 
the  governor.  In  all  such  cases  the  vote  of  each  house  shall  be  de- 
termined by  yeas  and  nays,  to  be  entered  on  the  journal.  If  any  bill 
shall  not  be  returned  by  the  governor  within  five  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same  shall  be 
a law,  in  like  manner  as  if  he  had  signed  it,  unless  the  legislative 
assembly  shall  by  their  adjournment  prevent  its  return  in  which  case 


128 


it  shall  not  become  a law,  without  the  approval  of  the  governor.  No 
bill  shall  become  a law  after  the  final  adjournment  of  the  legislative 
assembly,  unless  approved  by  the  governor  within  fifteen  days  after  such 
adjournment.  In  case  the  governor  shall  fail  to  approve  of  any  bill 
after  the  final  adjournment  of  the  legislative  assembly  it  shall  be 
filed,  with  his  objections,  in  the  office  of  the  secretarv  of  state. — Mont. 
(1889),  Art.  7. 

Sec.  13.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  money,  embracing  dis- 
tinct items,  and  the  part  or  parts  approved  shall  become  a law,  and 
the  item  or  items  disapproved  shall  be  void,  unless  enacted  in  the  man- 
ner following:  If  the  legislative  assembly  be  in  session  he  shall  within 

five  days  transmit  to  the  house  in  which  the  bill  originated,  a copy 
of  the  item  or  items  thereof  disapproved,  together  with  his  objections 
thereto,  and  the  items  objected  to  shall  be  separately  reconsidered, 
and  each  item  shall  take  the  same  course  as  is  prescribed  for  the  pass- 
age of  bills  over  the  executive  veto. — Mont.  (1889),  Art.  7. 

Sec.  15.  Every  bill  passed  by  the  legislature,  before  it  becomes  a 
law,  and  every  order,  resolution  or  vote  to  which  the  concurrence  of 
both  houses  may  be  necessary,  (except  on  questions  of  adjournment) 
shall  be  presented  to  the  governor.  If  he  approve  he  shall  sign  it,  and 
thereupon  it  shall  become  a law;  but  if  he  do  not  approve,  he  shall  re- 
turn it,  with  his  objections,  to  the  house  in  which  it  shall  have  origi- 
nated, which  house  shall  enter  the  objections  at  large  upon  its  journal, 
and  proceed  to  reconsider  the  bill.  If  then  three-fifths  of  the  members 
elected  agree  to  pass  the  same,  it  shall  be  sent,  together  with  the  ob- 
jections, to  the  other  house,  by  which  it  shall  likewise  be  reconsidered; 
and  if  approved  by  three-fifths  of  the  members  elected  to  that  house, 
it  shall  become  a law,  notwithstanding  the  objections  of  the  governor. 
In  all  such  cases,  the  vote  of  each  house  shall  be  determined  by  yeas 
and  nays,  to  be  entered  upon  the  journal.  Any  bill  which  shall  not 
be  returned  by  the  governor  within  five  days,(  Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  shall  become  a law  in  like  man- 
ner as  if  he  had  signed  it;  unless  the  legislature  by  their  adjournment 
prevent  its  return;  in  which  case  it  shall  be  filed,  with  his  objections, 
in  the  office  of  the  secretary  of  state  within  five  days  after  such  ad- 
journment, or  become  a law.  The  governor  may  disapprove  any  item 
or  items  of  appropriation  contained  in  bills  passed  by  the  legislature, 
and  the  item  or  items  so  disapproved  shall  be  stricken  therefrom,  un- 
less repassed  in  the  manner  herein  prescribed  in  cases  of  disapproval  of 
bills. — NcJ).  (1875),  Art.  5. 

Sec.  35.  Every  bill  which  may  have  passed  the  legislature  shall, 
before  it  becomes  a law,  be  presented  to  the  governor.  If  he  approve, 
he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objections,  to 
the  house  in  which  it  originated,  which  house  shall  cause  such  objections 
to  be  entered  upon  its  journal,  and  proceed  to  reconsider  it;  if,  after 
such  reconsideration,  it  again  pass  both  houses,  by  yeas  and  nays,  by 
a vote  of  two-thirds  of  the  members  elected  to  each  house,  it  shall  be- 
come a law,  notwithstanding  the  governor’s  objections.  If  any  bill 


129 


shall  not  be  returned  within  five  days  after  it  shall  have  been  pre- 
sented to  him  (Sundays  excepted),  exclusive  of  the  day  on  which  he 
received  it,  the  same  shall  be  a law  in  like  manner  as  if  he  had  signed 
it,  unless  the  legislature,  by  its  final  adjournment,  prevent  such  return, 
in  which  case  it  shall  be  a law,  unless  the  governor,  within  ten  days 
next  after  the  adjournment  (Sundays  excepted),  shall  file  such  bill, 
with  his  objections  thereto,  in  the  office  of  the  secretary  of  state,  who 
shall  lay  the  same  before  the  legislature  at  its  next  session,  in  like 
manner  as  if  it  had  been  returned  by  the  governor;  and  if  the  same 
shall  receive  the  vote  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  legislature,  upon  a vote  taken  by  yeas  and  nays,  to  be 
entered  upon  the  journals  of  each  house,  it  shall  become  a law. — Nev. 
(1864),  Art.  4. 

Art.  43.  Every  bill  which  shall  have  passed  both  houses  of  the  gen- 
eral court  shall,  before  it  becomes  a law,  be  presented  to  the  governor; 
if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his 
objections,  to  that  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  two-thirds  of  that  house  shall  agree 
to  pass  the  bill,  it  shall  be  sent,  together  with  such  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered ; and,  if  ap- 
proved by  two-thirds  of  that  house,  it  shall  become  a law.  But,  in 
all  such  cases,  the  votes  of  both  houses  shall  be  determined  by  yeas 
and  nays;  and  the  names  of  the  persons  voting  for  or  against  the  bill 
shall  be  entered  on  the  journal  of  each  house  respectively.  If  any 
bill  shall  not  be  returned  by  the  governor  within  five  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a law  in  like  manner  as  if  he  had  signed  it,  unless  the  legislature, 
by  their  adjournment,  prevent  its  return,  in  which  case  it  shall  not 
be  a law. — N.  H.,  Part  2,  Art.  43. 

Art.  44.  Every  resolve  shall  be  presented  to  the  governor,  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or,  being  disap- 
proved by  him,  shall  be  repassed  by  the  senate  and  house  of  representa- 
tives, according  to  the  rules  and  limitations  prescribed  in  the  case  of 
a bill. — N.  PL.,  Part  2,  Art.  44. 

Sec.  7.  Every  bill  which  shall  have  passed  both  houses  shall  be 
presented  to  the  governor ; if  he  approve  he  shall  sign  it,  but  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it;  if,  after  such  reconsideration,  a majority 
of  the  whole  number  of  that  house  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  of  by  a majority  of  the 
whole  number  of  that  house,  it  shall  become  a law ; but  in  neither  house 
shall  the  vote  be  taken  on  the  same  day  on  which  the  bill  shall  be  re- 
turned to  it;  and  in  all  such  cases,  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting  for 
and  against  the  bill  shall  be  entered  on  the  journal  of  each  house  re- 
spectively. If  any  bill  shall  not  be  returned  by  the  governor,  within 
17 — Legislative  Dept. 


130 


/ 


five  days  (Sunday  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a law  in  like  manner  as  if  he  had  signed  it,  unless 
the  legislature  by  their  adjournment  prevent  its  return,  in  which  case 
it  shall  not  be  a law.  If  any  bill  presented  to  the  governor  contain 
several  items  of  appropriations  of  money,  he  may  object  to  one  or 
more  of  such  items  while  approving  of  the  other  portions  of  the  bill. 
In  such  case  he  shall  append  to  the  bill,  at  the  time  of  signing  it, 
a statement  of  the  items  to  which  he  objects,  and  the  appropriation  so 
objected  to  shall  not  take  effect.  If  the  legislature  be  in  session  he 
shall  transmit  to  the  house  in  which  the  bill  originated,  a copy  of 
such  statement,  and  the  items  objected  to  shall  be  separately  recon- 
sidered. If,  on  reconsideration,  one  or  more  of  such  items  be  approved 
by  a majority  of  the  members  elected  to  each  house,  the  same  shall 
be  a part  of  the  law,  notwithstanding  the  objections  of  the  governor. 
All  the  provisions  of  this  section  in  relation  to  bills  not  approved  by 
the  governor  shall  apply  to  cases  in  which  lie  shall  withhold  his  ap- 
proval from  any  item  or  items  contained  in  a bill  appropriating  money. 
— N.  J.  (1844),  Art.  5. 

Sec.  9.  Every  bill  which  shall  have  passed  the  senate  and  assembly 
shall,  before  it  becomes  a law,  be  presented  to  the  governor;  if  he  approve, 
he  shall  sign  it;  but  if  not,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  shall  have  originated,  which  shall  enter  the  ob- 
jections at  large  on  the  journal  and  proceed  to  reconsider  it.  If  after 
such  recommendation,  two-thirds  of  the  members  elected  to  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered;  and  if 
approved  by  two-thirds  of  the  members  elected  to  that  house,  it  shall 
become  a law  notwithstanding  the  objections  of  the  governor.  In  all 
such  cases,  the  votes  in  both  houses  shall  be  determined  by  yeas  and 
nays,  and . the  names  of  the  members  voting  shall  be  entered  on  the 
journal  of  each  house  respectively.  In  any  bill  shall  not  be  returned 
by  the  governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a law  in  like  manner  as  if 
he  had  signed  it,  unless  the  legislature  shall,  by  their  adjournment,  pre- 
vent its  return,  in  which  case  it  shall  not  become  a law  without  the 
approval  of  the  governor.  No  bill  shall  become  a law  after  the  final 
adjournment  of  the  legislature,  unless  approved  by  the  governor  within 
thirty  days  after  such  adjournment.  If  any  bill  presented  to  the  gov- 
ernor contain  several  items  of  appropriation  of  money,  he  may  object 
to  one  or  more  of  such  items  while  approving  of  the  other  portion  of 
the  bill.  In  such  case,  he  shall  append  to  the  bill,  at  the  time  of  signing 
it,  a statement  of  the  items  to  which  he  objects;  and  the  appropriation 
so  objected  to  shall  not  take  effect.  If  the  legislature  be  in  session,  he 
shall  transmit  to  the  house  in  which  the  bill  originated  a copy  of  such 
statement,  and  the  items  objected  to  shall  be  separately  reconsidered. 
If  on  reconsideration  one  or  more  of  such  items  be  approved  by  two- 
thirds  of  the  members  elected  to  each  house,  the  same  shall  be  part 
of  the  law,  notwithstanding  the  objections  of  the  governor.  All  the 
provisions  of  this  section,  in  relation  to  bills  not  approved  by  the  gov- 
ernor, shall  apply  in  cases  in  which  he  shall  withhold  his  approval  from 


131 


any  other  item  or  items  contained  in  a bill  appropriating  money. — ^V. 
Y.  (1894),  Art.  4. 

Sec.  79.  Every  bill  which  shall  have  passed  the  legislative  assembly 
shall  before  it  becomes  a law,  be  presented  to  the  governor.  If  he  ap- 
prove, he  shall  sign,  but  if  not,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  originated,  which  shall  enter  the  objections  at 
large  upon  the  journal,  and  proceed  to  reconsider  it.\  If,  after  such 
reconsideration,  two-thirds  of  the  members-elect  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and  if  it  be  approved  by  two- 
thirds  of  the  members-elect,  it  shall  become  a law;  but  in  all  such  cases 
the  vote  of  both  houses  shall  be  determined  by  the  yeas  and  nays,  and 
the  names  of  the  members  voting  for  and  against  the  bill  shall  be  en- 
tered upon  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  governor  within  three  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a law  unless 
the  legislative  assembly,  by  its  adjournment,  prevent  its  return,  in  which 
case  it  shall  be  a law  unless  he  shall  file  the  same  with  his  objections,, 
in  the  office  of  the  secretary  of  state,  within  fifteen  days  after  such 
adjournment. — N.  Dak.  (1889),  Art.  3. 

Sec.  80.  The  governor  shall  have  power  to  disapprove  of  any  item  or 
items,  or  part  or  parts  of  any  bill  making  appropriations  of  money 
or  property  embracing  distinct  items,  and  the  part  or  parts  of  the 
bill  approved  shall  be  the  law,  and  the  item  or  items,  and  part  or  parts 
disapproved  shall  be  void,  unless  enacted  in  the  following  manner:  If 
the  legislative  assembly  be  in  session  he  shall  transmit  to  the  house  in 
which  the  bill  originated  a copy  of  the  item  or  items,  or  part  or  parts 
thereof  disapproved,  together  with  his  objections  thereto,  and  the  items 
or  parts  objected  to  shall  be  separately  reconsidered,  and  each  item  or 
part  shall  then  take  the  same  course  as  is  prescribed  for  the  passage  of 
bills  over  the  executive  veto. — N.  Dak.  (1889),  Art.  3. - 

Sec.  11.  Every  bill  which  shall  have  passed  the  senate  and  house  of 
representatives,  and  every  resolution  requiring  the  assent  of  both 
branches  of  the  legislature,  shall,  before  it  becomes  a law,  be  presented  to 
the  governor ; if  he  approve,  he  shall  sign  it ; if  not,  he  shall  return  it  with 
his  objections  to  the  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  in  the  journal  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two-thirds  of  the  members  elected  to 
that  house  shall  agree  to  pass  the  bill  or  joint  resolution,  it  shall  be 
sent  together  with  the  objections,  to  the  other  house,  by  which  it  shall 
likewise  be  reconsidered;  and,  if  approved  by  two-thirds  of  the  mem- 
bers elected  to  that  house,  it  shall  become  a law,  notwithstanding  the 
objections  of  the  governor.  In  all  such  cases,  the  vote  in  both  cases  the 
vote  in  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  members  voting  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  or  resolution  shall  not  be  returned  by  the 
governor  within  five  days  (Sundays  excepted),  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a law  in  like  manner  as  if  he  had 
signed  it,  unless  the  legislature  shall,  by  their  adjournment,  prevent  its 


132 


return  in  which  case  it  shall  not  become  a law  without  the  approval 
of  the  governor.  No  bill  shall  become  a law  after  the  final  adjourn- 
ment of  the  legislature;  unless  approved  by  the  governor  within  fifteen 
days  after  such  adjournment. — 01:1a.  (1907),  Art.  6. 

Sec.  12.  Every  bill  passed  by  the  legislature,  making  appropriations 
of  money  embracing  distinct  items,  shall,  before  it  becomes  a law,  be 
presented  to  the  governor;  if  he  disapproves  the  bill,  or, any  item,  or 
appropriation  therein  contained,  he  shall  communicate  such  disapproval, 
with  his  reasons  therefor,  to  the  house  in  which  the  bill  shall  have 
originated,  but  all  items  not  disapproved  shall  have  the  force  and  effect 
of  law  according  to  the  original  provisions  of  the  bill.  Any  item  or 
items  so  disapproved  shall  be  void,  unless  repassed  by  a two-thirds  vote, 
according  to  the  rules  and  limitations  prescribed  in  the  preceding  sec- 
tion in  reference  to  other  bills:  Provided,  That  this  section  shall  not 

relieve  emergencv  bills  of  the  requirement  of  the  three-fourths  vote. — 
Okie.  (1907),  Art.  6. 

Sec.  15.  Every  bill  which  shall  have  passed  the  legislative  assembly 
shall,  before  it  becomes  a law,  be  presented  to  the  governor;  if  he  ap- 
prove he  shall  sign  it;  but  if  not.  he  shall  return  it  with  his  objections 
to  that  house  in  which  it  shall  have  originated,  which  house  shall  enter 
the  objections  at  large  upon  the  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration  two-thirds  of  the  members  present  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to 
the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if  ap- 
proved by  two-thirds  of  the  members  present  it  shall  become  a law. 
But  in  all  cases  the  votes  of  both  houses  shall  be  determined  by  yeas 
und  nays,  and  the  names  of  the  members  voting  for  or  against  the  bill 
-shall  be  entered  on  the  journal  of  each  house  respectively;  if  any  bill 
shall  not  be  returned  by  the  governor  within  five  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  it  shall  be  a law 
without  his  signature,  unless  the  general  adjournment  shall  prevent  its 
return,  in  which  case  it  shall  be  a law,  unless  the  governor,  within  five 
days  next  after  the  adjournment  (Sundays  excepted)  shall  file  such 
bill,  with  his  objections  thereto,  in  the  office  of  secretary  of  state,  who 
shall  lay  the  same  before  the  legislative  assembly  at  its  next  session, 
in  like  manner  as  if  it  had  been  returned  by  the  governor. — Ore.  (1857), 
Art.  3. 

Sec.  26.  Every  order,  resolution  or  vote  to  which  the  concurrence 
of  both  houses  may  be  necessary  (except  on  the  question  of  adjourn- 
ment), shall  be  presented  to  the  governor,  and  before  it  shall  take  effect 
be  approved  by  him  or,  being  disapproved,  shall  be  repassed  by  two- 
thirds  of  both  houses  according  to  the  rules  and  limitations  prescribed 
in  case  of  a bill. — Pa.  (1813),  Art.  3. 

Sec.  15.  Every  bill  which  shall  have  passed  both  houses  shall  be  pre- 
sented to  the  governor;  if  he  approve,  he  shall  sign  it,  but  if  he  shall 
not  approve,  he  shall  return  it,  with. his  objections,  to  the  house  in 
which  it  shall  have  originated,  which  house  shall  enter  the  objections 
at  large  upon  their  journal,  and  proceed  to  reconsider  it.  If,  after  such 


133 


reconsideration,  two-thirds  of  all  the  members  elected  to  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the  objections,  to  the 
other  house,  by  which  likewise  it  shall  be  reconsidered,  and  if  approved 
by  two-thirds  of  all  the  members  elected  to  that  house,  it  shall  be  a 
law;  but  in  such  cases  the  votes  of  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  members  voting  for  and  against 
the  bill  shall  be  entered  on  the  journals  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  governor  within  ten  days  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a law  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  general  assembly,  by  their  ad- 
journment prevent  its  return;  in  which  case  it  shall  be  a law,  unless 
he  shall  file  the  same  with  his  objections,  in  the  office  of  the  secretary  of 
the  commonwealth,  and  give  notice  thereof  by  public  proclamation 
within  thirty  days  after  such  adjournment. — Pa.  (1873),  Art.  4. 

Sec.  16.  The  governor  shall  have  power  to  disapprove  of  any  item  or 
items  of  any  bill  making  appropriation  of  money,  embracing  distinct 
items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the  law,  and 
the  item  or  items  of  appropriations  disapproved  shall  be  void  unless 
repassed  according  to  the  rules  and  limitations  prescribed  for  the  pass- 
age of  other  bills  over  the  executive  veto. — Pa.  (1873),  Art.  4. 

Sec.  23.  Every  bill  or  joint  resolution  which  shall  have  passed  the 
general  assembly,  except  on  a question  of  adjournment,  shall,  before 
it  becomes  a law,  be  presented  to  the  governor,  and  if  he  approves  he 
shall  sign  it;  if  not,  he  shall  return  it  with  his  objections,  to  the  house 
in  which  it  originated,  which  shall  enter  the  objection  at  large  on  its 
journal  and  proceed  to  reconsider  it.  If  after  such  reconsideration  two- 
thirds  of  that  house  shall  agree  to  pass  it,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which  it  shall  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  house  it  shall  have  the  same  effect 
as  if  it  had  been  signed  by  the  governor;  but  in  all  such  cases  the 
vote  of  both  houses  shall  be  taken  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill  or  joint  resolution  shall 
be  entered  on  the  journals  of  both  houses  respectively.  Bills  appro- 
priating money  out  of  the  treasury  shall  specify  the  objects  and  pur- 
poses for  which  the  same  are  made,  and  appropriate  to  them  respec- 
tively their  several  amounts  in  distinct  items  and  sections.  If  the  gov- 
ernor shall  not  approve  any  one  or  more  of  the  items  or  sections  con- 
tained in  any  bill,  but  shall  approve  of  the  residue  thereof,  it  shall  be- 
come a law  as  to  the  residue  in  like  manner  as  if  he  had  signed  it. 
The  governor  shall  then  return  the  bill  with  his  objections  to  the 
items  or  sections  of  the  same  not  approved  by  .him  to  the  house  in 
which  the  bill  originated,  which  house  shall  enter  the  objections  at  large 
upon  its  journal  and  proceed  to  reconsider  so  much  of  said  bill  as 
is  not  approved  by  the  governor.  The  same  proceedings  shall  be  had 
in  both  houses  in  reconsidering  the  same  as  is  provided  in  case  of  an 
entire  bill  returned  by  the  governor  with  his  objections;  and  if  any 
item  or  section  of  said  bill  not  approved  by  the  governor  shall  be 
passed  by  two-thirds  of  each  house  of  the  general  assembly,  it  shall  be- 
come a part  of  said  law  notwithstanding  the  objections  of  the  governor. 
If  a bill  or  joint  resolution  shall  not  be  returned  by  the  governor  within 


134 


three  days  after.it  shall  have  been  presented  to  him,  (Sundays  excepted), 
it  shall  have  the  same  force  and  effect  as  if  he  had  signed  it,  unless 
the  general  assembly,  by  adjournment,  prevent  its  return,  in  which  case 
it  shall  have  such  force  and  effect  unless  returned  within  two  days  after 
the  next  meeting. — 8.  C.  (1895),  Art.  4. 

Sec.  9.  Every  bill  which  shall  have  passed  the  legislature,  shall, 
before  it  becomes  a law,  be  presented  to  the  governor.  If  he  approve, 
he  shall  sign  it,  but  if  not,  he  shall  return  it  with  his  objection  to 
the  house  in. which  it  originated,  which  shall  enter  the  objection  at 
large  upon  the  journal  and  proceed  to  reconsider  it.  If  after  such 
reconsideration,  two-tliirds  of  the  members  present  shall  agree  to  pass 
the  bill,  it  shall  be  seat,  together  with  the  objection,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and  if  it  be  approved  by 
two-thirds  of  the  members  present,  it  shall  become  a law;  but  in  all 
such  cases  the  vote  of  both  houses  shall  be  determined  by  the  yeas 
and  nays,  and  the  names  of  the  members  voting  for  and  against  the 
bill  shall  be  entered  upon  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  governor  within  three  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall  be 
law,  unless  the  legislature  shall  by  its  adjournment  prevent ‘its  return; 
in  which  case  it  shall  be  filed,  with  his  objection,  in  the  office  of  the 
secretary  of  state,  within  ten  days  after  such  adjournment,  or  become 
a law. — 8.  D.  (1889),  Art.  4. 

Sec.  10.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  money  embracing  distinct 
items,  and  the  part  or  parts  of  the  bill  approved  shall  be  law,  and  the 
item  or  items  disapproved  shall  be  void,  unless  enacted  in  the  follow- 
ing manner:  If  the  legislature  be  in  session  he  shall  transmit  to  the 

house  in  which  the  bill  originated  a copy  of  the  item  or  items  thereof 
disapproved,  together  with  his  objections  thereto,  and  the  items  ob- 
jected to  shall  be  separately  reconsidered,  and  each  .item  shall  then 
take  the  same  course  as  is  prescribed  for  the  passage  of  bills  over  the 
executive  veto. — $.  D.  (1889),  Art.  4. 

Sec.  18.  Every  bill  which  may  pass  both  houses  of  the  general  as- 
sembly shall,  before  it  becomes  a law,  be  presented  to  the  governor  for 
his  signature.  If  he  approve  it,  he  shall  sign  it,  and  the  same  shall  be- 
come a law;  but  if  he  refuse  to  sign  it,  he  shall  return  it,  with  his  ob- 
jections thereto  in  writing,  to  the  house  in  which  it  originated;  and 
said  house  shall  cause  said  objections  to  be  entered  at  large  upon  its 
journal,  and  proceed  to  reconsider  the  bill.  If,  after  such  reconsidera- 
tion, a majority  of  all  the  members  elected  to  that  house  shall  agree  to 
pass  the  bill,  notwithstanding  the  objections  of  the  executive,  it  shall 
be  sent,  with  said  objections,  to  the  other  house,  by  which  it  shall  be 
likewise  reconsidered.  If  approved  by  a majority  of  the  whole  number 
elected  to  that  house,  it  shall  become  a law.  The  votes  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  all  the  members 
voting  for  or  against  the  bill  shall  be  entered  upon  the  journals  of  their 
respective  houses.  If  the  governor  shall  fail  to  return  any  bill  with 
his  objections,  within  five  days  (Sundays  excepted)  after  it  shall  have 


135 


been  presented  to  him,  the  same  shall  become  a law  without  his  signa- 
ture, unless  the  general  assembly,  by  its  adjournment,  prevents  its 
return,  in  which  case  it  shall  not  become  a law.  Every  joint  resolution 
or  order  (except  on  questions  of  adjournment)  shall  likewise  be  pre- 
sented to  the  governor  for  his  signature,  and  before  it  shall  take  effect 
shall  receive  his  signature;  and  on  being  disapproved  by  him,  shall, 
in  like  manner,  be  returned,  with  his  objections;  and  the  same,  before 
it  shall  take  effect,  shall  be  repassed  by  a majority  of  all  the  members 
elected  to  both  houses,  in  the  manner  and  according  to  the  rules  pre- 
scribed in  case  of  a bill. — Term.  (1870),,  Art.  3. 

Sec.  14.  Every  bill  which  shall  have  passed  both  houses  of  the  legisla- 
ture shall  be  presented  to  the  governor  for  his  approval.  If  he  approves, 
he  shall  sign  it;  but  if  he  disapprove  it,  he  shall  return  it,  with  his  ob- 
jections, to  the  house  in  which  it  originated,  which  house  shall  enter 
the  objections  at  large  upon  its  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two-thirds  of  the  members  present  agree 
to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to  the  other  house, 
by  which  likewise  it  shall  be  reconsidered ; and  if  approved  by  two-thirds 
of  the  members  of  that  house,  it  shall  become  a law;  but  in  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  house  respective^.  If  any  bill  shall  not  be  re- 
turned by  the  governor  with  his  objections  within  ten  days  (Saturday 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a law  in  like  manner  as  if  he  had  signed  it,  unless  the  legislature,  by 
its  adjournment,  prevent  its  return;  in  which  case  it  shall  be  a law 
unless  he  shall  file  the  same,  with  his  objections,  in  the  office  of  the 
•secretary  of  state,  and  give  notice  thereof  by  public  proclamation  within 
twenty  days  after  such  adjournment.  If  any  bill  presented  to  the  gover- 
nor contains  several  item  of  appropriation,  he  may  object  to  one  or  more 
of  such  items,  and  approve  the  other  portion  of  the  bill.  In  such  case  he 
shall  append  to  the  bill,  at  the  time  of  signing  it,  a statement  of  the 
items  to  which  he  objects,  and  no  item  so  objected  to  shall  take  effect. 
If  the  legislature  be  in  session,  he  shall  transmit  to  the  house  in  which 
the  bill  originated  a copy  of  Such  statement,  and  the  items  objected  to 
shall  be  separately  considered.  If,  on  reconsideration,  one  or  more  of 
such  items  be  approved  by  two-thirds  of  the  members  present  of  each 
house,  the  same  shall  be  part  of  the  law  notwithstanding  the  objections 
of  the  governor.  If  any  such  bill,  containing  several  items  of  appro- 
priation, not  having  been  presented  to  the  governor  ten  days  (Sundays 
excepted)  prior  to  adjournment,  be  in  the  hands  of  the  governor  at 
the  tinie  of  adjournment,  he  shall  have  twenty  days  from  such  adjourn- 
ment within  which  to  file  objections  to  any  items  thereof,  and  make 
proclamation  of  the  same,  and  such  item  or  items  shall  not  take  effect. — 
Tex.  (1875),  Art.  4. 

Sec.  15.  Every  order,  resolution  ur  vote  to  which  the  concurrence  of 
both  houses  of  the  legislature  may  be  necessary,  except  on  questions  of 
adjournment,  shall  be  presented  to  the  governor,  and,  before  it  shall  take 
effect,  shall  be  approved  by  him ; or,  being  disapproved,  shall  be  repassed 
by  both  houses ; and  all  the  rules,  provisions  and  limitations  shall  apply 


136 


thereto  as  prescribed  in  the  last  preceding  section  in  the  case  of  a bill. — 
Tex.  (1875),  Art.  4. 

Sec.  8.  Every  bill  passed  by  the  legislature,  before  it  becomes  a 
law,  shall  be  presented  to  the  governor;  if  he  approve,  he  shall  sign 
it,  and  thereupon  it  shall  become  a law;  but  if  he  do  not  approve,  he 
shall  return  it  with  his  objections  to  the  house  in  which  it  originated, 
which  house  shall  enter  the  objections  at  large  upon  its  journal  and 
proceed  to  reconsider  the  bill.  If,  after  such  reconsideration,  it  again 
passes  both  houses  by  a yea  and  nay  vote  of  two-thirds  of  the  members 
elected  to  each  house,  it  shall  become  a law,  notwithstanding  the  gov- 
ernor’s objections.  If  any  bill  be  not  returned  within  five  days  after  it 
shall  have  been  presented  to  him  (Sunday,  and  the  day  on  which  he 
received  it  excepted),  the  same  shall  be  a law  in  like  manner  as  if  he 
had  signed  it,  unless  the  legislature  by  its  final  adjournment  prevent 
such  return,  in  which  case  it  shall  be  filed  with  his  objections  in  the 
office  of  the  secretary  of  state  within  ten  days  after  such  adjournment 
(Sundays  excepted)  or  become  a law.  If  any  bill  presented  to  the  gov- 
ernor contain  several  items  of  appropriations  of  money,  he  may  ob- 
ject to  one  or  more  such  items,  while  approving  other  portions  of  the  bill ; 
in  such  case  he  shall  append  to  the  bill  .at  the  time  of  signing  it  a state- 
ment of  the  item  or  items  which  he  declines  to  approve,  together  with 
his  reasons  therefor,  and  such  item  or  items  shall  not  take  effect  unless 
passed  over  the  governor’s  objections  as  in  this  section  provided. — 
Utah  (1896),  Art.  7. 

Art.  11.  Every  bill  which  shall  have  passed  the  senate  and  house 
of  representatives,  shall,  before  it  become  a law,  Jie  presented  to  the 
governor;  if  he  approve,  he  shall  sign  it;  if  not,  he  shall  return  it,  with 
his  objections  in  writing,  to  the  house,  in  which  it  shall  have  originated; 
which  shall  proceed  to  reconsider  it.  If,  upon  such  reconsideration,  a 
majority  of  the  house  shall  pass  the  bill,  it  shall,  together  with  the  ob- 
jections, be  sent  to  the  other  house,  by  which,  it  shall,  likewise,  be  re- 
considered, and,  if  approved  by  a majority  of  that  house,  it  shall  be- 
come a law.  But,  in  all  such  cases,  the  votes  of  both  houses  shall  be 
taken  by  yeas  and  nays,  and  the  names  of  the  persons,  voting  for  or 
against  the  bill,  shall  be  entered  on  the  journal  of  each  house,  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  governor,  as  aforesaid, 
within  five  days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  become  a law,  in  like  manner,  as  if  he  had  signed  it.; 
unless  the  two  houses,  by  their  adjournment,  within  three  days  after  the 
presentment  of  such  bill,  shall  prevent  its  return;  in  which  case,  it  shall 
not  become  a law. — Vt.  (1793),  Arndt.  Art.  11. 

Sec.  76.  Every  bill,  which  shall  have  passed  the  senate  and  house  of 
delegates,  shall,  before  it  becomes  a law,  be  presented  to  the  governor. 
If  he  approve,  he  shall  sign  it;  but,  if  not,  he  may  return  it  with  his 
objections  to  the  house  in  which  it  originated,  which  shall  enter  the 
objections  at  large  on  its  journal  and  proceed  to  reconsider  the  same. 
If,  after  such  consideration,  two-thirds  of  the  members  present,  which 
two-thirds  shall  include  a majority  of  the  members  elected  to  that  house, 
shall  agree  to  pass  the  bill  it  shall  be  sent,  together  with  the  objections, 


I 


137 


to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  all  the  members  present,  which  two-thirds 
shall  include  a majority  of  the  members  elected  to  that  house,  it  shall 
become  a law,  notwithstanding  the  objections.  The  governor  shall  have 
the  power  to  veto  any  particular  item  or  items  of  an  appropriation  bill, 
but  the  veto  shall  not  affect  the  item  or  items  to  which  he  does  not 
object.  The  item  or  items  objected  to  shall  not  take  effect  except  in 
the  manner  heretofore  provided  in  this  sectiqn  as  to  bills  returned 
to  the  general  assembly  without  his  approval.  If  he  approve  the  general 
purpose  of  any  bill,  but  disapprove  any  part  or  parts  thereof,  he  may 
return  it,  with  recommendations  for  its  amendment,  to  the  house  in 
which  it  originated,  whereupon  the  same  proceedings  shall  be  had  in 
both  houses  upon  the  bill  and  his  recommendations  in  relation  to  its 
amendment,  as  is  above  provided  in  relation  to  a bill  which  he  shall 
have  returned  without  his  approval,  and  with  his  objections  thereto : 
Provided,  That  if  after  such  reconsideration,  both  houses,  by  a vote 
of  a majority  of  the  members  present  in  each,  shall  agree  to  amend  the 
bill  in  accordance  with  his  recommendations  in  relation  thereto,  or 
either  house  by  such  vote  shall  fail  or  refuse  to  so  amend  it,  then,  and 
in  either  case  the  bill  shall  be  again  sent  to  him,  and  he  may  act  upon  it 
as  if  it  were  then  before  him  for  the  first  time.  But  in  all  the  cases 
above  set  forth  the  votes  of  both  houses  shall  be  determined  by  ayes 
and  noes,  and  the  names  of  the  members  voting  for  and  against  the 
bill,  or  item  or  items  of  an  appropriation  bill,  shall  be  entered  on  the 
journal  of  each  house.  If  any  bill  shall  not  be  returned  by  the  gov- 
ernor within  five  days  (Sunday  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a law  in  like  manner  as  if  he  had  signed 
it,  unless  the  general  assembly  shall,  by  final  adjournment,  prevent  such 
return  ; in  which  case  it  shall  be  a law  if  approved  by  the  governor  in 
the  manner  and  to  the  extent  above  provided,  within  ten  days  after 
such  adjournment,  but  not  otherwise. — Va.  (1902),  Art.  5. 

Sec.  12.  Every  act  which  shall  have  passed  the  legislature  shall  be, 
before  it  becomes  a law,  presented  to  the  governor.  If  he  approves,  he 
shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  which  house  shall  enter  the 
objections  at  large  upon  the  journal  and  proceed  to  reconsider.  If,  after 
such  reconsideration,  two-thirds  of  the  members  present  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two-thirds  of  the  members  present,  it  shall  become  a law ; but  in  all 
such  cases  the  vote  of  both  houses  shall  be  determined  by  the  yeas  and 
nays  and  the  names  of  the  members  voting  for  or  against  the  bill  shall 
be  entered  upon  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  governor  within  five  days,  Sunday  excepted, 
after  it  shall  be  presented  to  him,  it  shall  become  a law  without  his 
signature,  unless  the  general  adjournment  shall  prevent  its  return,  in 
which  case  it  shall  become  a law  unless  the  governor  within  ten  days 
next  after  the  adjournment,  Sundays  excepted,  shall  file  such  bill,  with 
his  objections  thereto,  in  the  office  of  secretary  of  state,  who  shall  lay 
the  same  before  the  legislature  at  its  next  session  in  like  manner  as 
if  it  had  been  returned  by  the  governor.  If  any  bill  presented  to  the 
18 — Legislative  Dept. 


138 


governor  contain  several  sections  or  items,  he  may  object  to  one  or 
more  sections  or  items  while  approving  other  portions  of  the  bill.  In 
such  case  he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a state- 
ment of  the  section  or  sections,  item  or  items  to  which  he  objects  and 
the  reasons  therefor  and  the  section  or  sections,  items  or  items,  so  ob- 
jected to  shall  not  take  effect  unless  passed  over  the  governor’s  objec- 
tion, as  hereinbefore  provided. — Wash.  (1889),  Art.  3. 

Sec.  14.  Every  hill  passed  by  the  legislature  shall,  before  it  becomes 
a law,  be  presented  to  the  governor.  If  he  approve  he  shall  sign  it.  and 
thereupon  it  shall  become  a law;  but  if  not,  he  shall  return  it,  with  his  ob- 
jections, to  the  house  in  which  it  originated,  which  house  shall  enter 
the  objections  at  large  upon  its  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  a majority  of  the  members  elected  to  that 
house,  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  house,  by  which  it  shall,  likewise,  be  reconsidered,  and 
if  approved  by  a majority  of  the  members  elected  to  that  house  it  shall 
become  a law,  notwithstanding  the  objections  of  the  governor.  But  in 
all  such  cases  the  vote  of  each  house  shall  be  determined  by  yeas  and 
nays  to  be  entered  on  the  journal.  Any  bill  which  shall  not  be  returned 
by  the  governor  within  five  days  (Sunday  excepted),  after  it  shall  have 
been  presented  to  him,  shall  be  a law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  legislature  shall,  by  their  adjournment  prevent  its  return, 
in  which  case  it  shall  be  filed  with  its  objections,  in  the  office  of  the 
secretary  of  state,  within  five  davs  after  such  adjournment,  or  become 
a law.—' W.  Va.  (1872),  Art.  7. 

Sec.  15.  Every  bill  passed  by  the  legislature  making  appropriations  of 
money,  embracing  distinct  items,  shall  before  It  becomes  a law,  be  pre- 
sented to  the  governor;  if  he  disapprove  the  bill,  or  any  item  or  appro- 
priation therein  contained,  he  shall  communicate  such  disapproval  with 
his  reasons  therefor  to  the  house  in  which  the  bill  originated;  but  all 
items  not  disapproved  shall  have  the  force  and  effect  of  law  according  to 
the  original  provisions  of  the  bill.  Any  item  or  items  so  disapproved 
shall  be  void,  unless  repassed  by  a majority  of  each  house  according  to 
the  rules  and  limitations  prescribed  in  the  preceding  section  in  refer- 
ence to  other  bills. — W.  Va.  (1872),  Art.  7. 

Sec.  10.  Every  bill  which  shall  have  passed  the  legislature  shall, 
before  it  becomes  a law,  be  presented  to  the  governor;  if  he  approve, 
he  shall  sign  it,  but  if  not.  he  shall  return  it.  with  his  objections,  to 
that  house  in  which  it  shall  have  originated,  who  shall  enter  the  objec- 
tions at  large  upon  the  journal,  and  proceed  to  reconsider  it.  If,  after 
such  reconsideration  two-thirds  of  the  members  present  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two-thirds  of  the  members  present,  it  shall  become  a law.  But  in  all 
such  cases  the  votes  of  both  houses  shall  he  determined  by  yeas  and 
nays,  and  the  names  of  the  members  voting  for  or  against  "the  bill,  shall 
be  entered  on  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  governor  within  three  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a law,  un- 


less  the  legislature  shall,  by  their  adjournment,  prevent  its  return,  iu 
which  case  it  shall  not  be  a law. — Wis.  (1848),  Art.  5. 

Sec.  41.  Every  order,  resolution  or  vote,  in  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  the  question  of  adjournment, 
or  relating  solely  to  the  transaction  of  the  business  of  the  two  houses, 
shall  be  presented  to  the  governor,  and  before  it  shall  take  effect  be  ap- 
proved by  him,  or,  being  disapproved,  be  repassed  by  two-thirds  of  both 
houses  as  prescribed  in  the  case  of  a bill. — Wyo.  (1889),  Art.  3. 

Sec.  8.  Every  bill  which  has  passed  the  legislature  shall,  before  it 
becomes  a law,  be  presented  to  the  governor.  If  he  approve,  he  shall 
sign  it;  but  if  not,  he  shall  return  it  with  his  objections  to  the  house  in 
which  it  originated,  which  shall  enter  the  objections  at  large  upon  the 
journal  and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  the  members  elected  agree  to  pass  the  bill,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  house,  by  which  it  shall  likewise 
be  reconsidered,  and  if  it  be  approved  by  two-thirds  of  the  members 
elected,  it  shall  become  a law ; but  in  all  such  cases  the  vote  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  and  against  the  bill  shall  be  entered  upon  the  journal  of  each 
house  respectively.  If  any  bill  is  not  returned  by  the  governor  within 
three  days  (Sundays  excepted)  after  its  presentation  to  him,  the  same 
shall  be  a law,  unless  the  legislature  by  its  adjournment,  prevent  its  re- 
turn, in  which  case  it  shall  be  a law,  unless  he  shall  file  the  same  with  his 
objections  in  the  office  of  the  secretary  of  state  within  fifteen  days  after 
such  adjournment. — Wyo.  (1889),  AH.  4. 

Sec.  9.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  or  part  or  parts  of  any  bill  making  appropriations  of  money  or 
property  embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 
proved shall  be  the  law,  and  the  item  or  items  and  part  or  parts  disap- 
proved shall  be  void  unless  enacted  in  the  following  manner : If  the 

legislature  be  in  session  he  shall  transmit  to  the  house  in  which  the  bill 
originated  a copy  of  the  item  or  items  or  part  or  parts  thereof  disap- 
proved, together  with  his  objections  thereto,  and  the  items  or  parts  ob- 
jected to  shall  be  separately  reconsidered,  and  each  item  or  part  shall 
then  take  the  same  course  as  is  prescribed  for  the  passage  of  bills  over 
the  executive  veto. — Wyo.  (1889),  Art.  4. 


compensation;  extra  sessions;  mileage;  limit  of  sessions. 

(19)  Sec.  15.  The  compensation  of  the  members  of  the  legislature 
shall  be  three  dollars  per  day  for  actual  attendance  and  when  absent 
on  account  of  sickness , but  the  legislature  may  allow  extra  compensa- 
tion to  the  member's  from  the  territory  of  the  upper  peninsula,  not  ex- 
ceeding two  dollars  per  day  during  a session.  When  convened  in  extra 
session  their  compensation  shall  be  three  dollars  a day  for  the  first 
twenty  days  and  nothing  thereafter';  and  they  shall  legislate  on  no  other 
subjects  than  those  expressly  stated  in  the  governors  proclamation,  or 
submitted  to  them  by  special  message  They  shall  be  entitled  to  ten 


140 


cents  and  no  more  for  every  mile  actually  traveled  in  going  to  and  re- 
turning from  the  place  of  meeting . on  the  usually  traveled  route \ and  for 
stationery  and  newspapers  not  exceeding  five  dollars  for  each  member 
during  any  session.  Each  member  shall  he  entitled  to  one  copy  of  the 
laws . journals  and  documents  of  the  legislature  of  which  he  uns  a mem- 
ber Jbut  shall  not  receive . at  the  expense  of  the  state,  hooks , newspapers  or 
other  perquisites  of  office  not  expressly  authorized  by  this  constitution. — 
Mich.  (1850),  Art.  4. 

(20)  Sec.  16.  The  legislature  may  provide  by  law  for  the  payment  of 
postage  on  all  mailable  matter  received  by  its  members  and  officers  dur- 
ing the  sessions  of  the  legislature . but  not  on  any  sent  or  mailed  by  them. 
— Midi.  (1850),  Art.  4. 

(21)  Sec.  17.  The  president  of  the  senate  and  the  speaker  of  the 
house  of  representatives  shall  be  entitled  to  the  same  per  diem  compen- 
sation and  mileage  as  members  of  the  legislature,  and  no  more. — Mich. 
(1850),  Ari.  4. 

Sec.  86.  The  lieutenant  governor,  or  president  pro  tempore  of  the 
senate,  while  he  acts  as  president  of  the  senate,  shall  receive  for  his 
services  the  same  compensation  which  shall,  for  the  same  period,  be 
allowed  to  the  speaker  of  the  house  of  representatives,  and  during  the 
time  he  administers  the  government  as  governor,  lie  shall  receive  the 
same  compensation  which  the  governor  would  have  received  had  he 
been  employed  in  the  duties  of  his  office. — Ky.  (1801),  Sec.  86. 

Sec.  130.  The  lieutenant  governor  shall  receive  for  his  services  the 
same  compensation  as  the  speaker  of  the  house  of  representatives. — 
Miss.  (1890),  Art.  5. 

Sec.  18.  The  lieutenant-governor  or  the  president  pro  tempore  of  the 
senate,  while  presiding  in  the  senate,  shall  receive  the  same  compensation 
as  shall  be  allowed  the  speaker  of  the  house  of  representatives. — Mo. 
(1875),  Art.  5. 

(33)  Sec.  29.  In  case  of  a contested  election,  the  person  only  shall 
receive  from  the  state  per  diem  compensation  and  mileage  who  is  de- 
clared to  be  entitled  to  a seat  by  the  house  in  which  the  contest  takes 
place. — Mich.  (1850),  Art.  4. 

Sec.  40.  The  pay  of  the  members  of  the  legislature  shall  be  four 
•dollars  per  day,  and  ten  cents  per  mile  in  going  to  and  returning  from 
the  seat  of  government,  to  be  computed  bv  the  nearest  usual  route  trav- 
eled.—Ala.  (1001),  Art.  4. 

Sec.  76.  When  the  legislature  shall  be  convened  in  special  session, 
there  shall  be  no  legislation  upon  subjects  other  than  those  designated 
in  the  proclamation  of  the  governor  calling  such  session,  except  by  a 
vote  of  two-thirds  of  each  house.  Special  sessions  shall  be  limited  to 
thirty  days. — Ala.  (1001),  Art.  4. 


141 


Sec.  16.  The  members  of  the  general  assembly  shall  receive  such 
per  diem  pay  and  mileage  for  their  services  as  shall  be  fixed  by  law. 
No  member  of  either  house  shall,  during  the  term  for  which  he  has 
been  elected,  receive  any  increase  of  pay  for  his  services  under  any 
law  passed  during  such  term.  The  term  of  all  members  of  the  general 
assembly  shall  begin  on  the  day  of  their  election. — Ark.  (1874),  Art.  5. 

Sec.  17.  The  regular  biennial  sessions  shall  not  exceed  sixty  days 
in  duration,  unless  by  a vote  of  two-thirds  of  the  members  elected  to« 
each  house  of  said  general  assembly:  Provided,  That  this  section  shall 
not  apply  to  the  first  session  of  the  general  assembly  under  this  consti- 
tution, or  when  impeachments  are  pending. — Ark.  (1874),  Art.  5. 

1 

Sec.  23.  The  members  of  the  legislature  shall  receive  for  their  services 
a per  diem  and  mileage,  to  be  fixed  by  law,  and  paid  out  of  the  public 
treasury;  such  per  diem  shall  not  exceed  eight  dollars,  and  such  mileage 
shall  not  exceed  ten  cents  per  mile,  and  for  contingent  expenses  not  ex- 
ceeding twenty -five  dollars  for  each  session.  No  increase  in  compensation 
or  mileage  shall  take  effect  during  the  term  for  which  the  members  of 
either  house  shall  have  been  elected,  and  the  pay  of  no  attache  shall  be 
increased  after  he  is  elected  or  appointed. — Cal.  (1880),  Art.  4. 

Sec.  6.  Each  member  of  the  general  assembly,  until  otherwise  pro- 
vided by  law,  shall  receive  as  compensation  for  his  services,  seven  dollars 
($7.00)  for  each  day’s  attendance  and  fifteen  (15)  cents  for  each  mile 
necessarily  traveled  in  going  to  and  returning  from  the  seat  of  govern- 
ment, and  shall  receive  no  other  compensation,  perquisite  or  allowance 
whatsoever.  No  session  of  the  general  assembly  shall  exceed  ninety 
davs.  No  general  assemblv  shall  fix  its  own  compensation. — Colo.  (1876), 
Art.  5. 


Sec.  9.  No  member  of  either  house  shall,  during  the  term  for  which 
he  may  have  been  elected,  receive  any  increase  of  salary  or  mileage,  under 
any  law  passed  during  such  term. — Colo.  (1876),  Art.  5. 

Sec.  3.  The  compensation  of  members  of  the  general  assembly  shall 
not  exceed  three  hundred  dollars  for  the  term  for  which  they  are  elected, 
and  one  mileage  each  way  for  the  regular  session,  at  the  rate  of  twenty- 
five  cents  per  mile;  they  shall  also  receive  one  mileage  at  the  same  rate 
for  attending  any  extra  session  called  by  the  governor. — Conn.  (181S), 
(Arndt.)  Art.  27. 

Sec.  15.  The  members  of  the  general  assembly,  except  the  presiding 
officers  of  the  respective  houses,  shall  receive  as  compensation  for  their 
services  a per  diem  allowance  of  five  dollars,  and  the  presiding  officers  a 
per  diem  allowance  of  six  dollars  for  each  day  of  the  session,  not  exceed- 
ing sixty  days;  and  should  they  remain  longer  in  session  they  shall  serve 
without  compensation.  In  case  a special  or  extra  session  of  the  general 
assembly  be  called  the  members  and  presiding  officers  shall  receive  like 
compensation  for  a period  not  exceeding  thirty  days. 

The  compensation  of  members  of  the  general  assembly  and  of  the 


lieutenant  governor  as  president  of  the  senate  shall  be  paid  out  of  the 
treasury  of  the  state. 

The  cost  of  the  state  for  stationery  and  other  supplies  for  each  member 
of  the  general  assembly  shall  not  exceed  the  sum  of  twenty-five  dollars 
for  anv  regular  session,  or  the  sum  of  ten  dollars  for  anv  special  session. 
— Del.  (1897),  Art.  2. 

Sec.  4.  Par.  0.  No  session  of  the  general  assembly  shall  continue 
longer  than  fifty  days : Provided . That  if  an  impeachment  trial  pending  at 
the  end  of  fifty  days,  the  session  may  be  prolonged  till  the  completion 
of  said  trial. — Ga.  (1877),  Art.  3. 

Sec.  9.  Par.  1.  The  per  diem  of  members  of  the  general  assembly 
shall  not  exceed  four  dollars,  and  mileage  shall  not  exceed  ten  cents  for 
each  mile  traveled,  by  the  nearest  practicable  route  in  going  to  and 
returning  from  the  capital;  but  the  president  of  the  senate  and  the 
sjieaker  of  the  house  of  representatives  shall  each  receive  not  exceeding 
seven  dollars  per  day. — Ga.  (1877),  Art.  3. 

Sec.  23.  Each  member  of  the  legislature  shall  receive  for  his  services 
a sum  not  exceeding  five  dollars  per  day  from  the  commencement  of  the 
session,  but  such  pay  shall  not  exceed  for  each  member,  except  the  pre- 
siding officer,  in  the  aggregate  three  hundred  dollars  for  per  diem  allow- 
ances for  any  one  session;  and  shall  receive  each  the  sum  of  ten  rents 
per  mile  each  way  by  the  usual  traveled  route. 

When  convened  in  extra  session  by  the  governor,  they  shall  each  receive 
five  dollars  per  day;  but  no  extra  session  shall  continue  for  a longer 
period  than  twenty  days,  except  in  case  of  the  first  session  of  the  legis- 
lature. They  shall  receive  such  mileage  as  is  allowed  for  regular  sessions. 
The  presiding  officers  of  the  legislature  shall  each  in  virtue  of  his  office 
receive  an  additional  compensation  equal  to  one-half  his  per  diem  allow- 
ance as  a member.  Provided , That  whenever  any  member  of  the  legis- 
lature shall  travel  on  a free  pass  in  coming  to  or  returning  from  the 
session  of  the  legislature,  the  number  of  miles  actually  traveled  on  such 
pass  shall  be  deducted  from  the  mileage  of  such  member. — Idaho  (1889), 
Art.  3. 


Sec.  21.  The  members  of  the  general  assembly  shall  receive  for  their 
services  the  sum  of  five  dollars  per  day,  during  the  first  session  held 
under  this  constitution,  and  ten  cents  for  each  mile  necessarily  traveled 
in  going  to  and  returning  from  the  seat  of  government,  to  be  computed 
by  the  auditor  of  public  accounts;  and  thereafter  such  compensation  as 
shall  be  prescribed  by  law,  and  no  other  allowance  or  emolument,  directly 
or  indirectly,  for  any  purpose  whatever,  except  the  sum  of  fifty  dollars 
per  session  to  each  member,  which  shall  be  in  full  for  postage,  stationery, 
newspapers  and  all  other  incidental  expenses  and  perquisites;  but  no 
change  shall  be  made  in  the  compensation  of  the  general  assembly  during 
the  term  for  which  they  may  have  been  elected.  The  pay  and  mileage 
allowed  to  each  member  of  the  general  assembly  shall  be  certified  by  the 
speakers  of  their  respective  houses,  and  entered  on  the  journals,  and 
published  at  the  close  of  each  session. — Til.  (1870),  Art.  4. 


143 


Sec.  29.  The  members  of  the  general  assembly  shall  receive  for  their 
services  a compensation,  to  be  fixed  by  law;  but  no  increase  of  compen- 
sation shall  take  effect  during  the  session  at  which  such  increase  may  be 
made.  No  session  of  the  general  assembly,  except  the  first  under  this 
constitution,  shall  extend  beyond  the  term  of  sixtv-one  days,  nor  any 
special  session  beyond  the  term  of  forty  days.— Ind.  (1851),  Art.  4. 

Sec.  25.  Each  member  of  the  first  general  assembly  under  this  con- 
stitution shall  receive  three  dollars  per  diem  while  in  session;  and  the 
further  sum  of  three  dollars  for  every  twenty  miles  traveled  in  going  to 
and  returning  from  the  place  where  such  session  is  held,  by  the  nearest 
traveled  route;  after  which  they  shall  receive  such  compensation  as  shall 
be  fixed  by  law ; but  no  general  assembly  shall  have  the  power  to  increase 
the  compensation  of  its  members.  And  when  convened  in  extra  session 
they  shall  receive  the  same  mileage  and  per  diem  compensation  as  fixed 
by  law  for  the  regular  session,  and  none  other. — Iowa  (1857),  Art.  3. 

Sec.  3.  The  members  of  the  legislature  shall  receive  as  compensation 
for  their  services  the  sum  of  three  dollars  for  each  day’s  actual  service 
at  any  regular  or  special  session,  and  fifteen  cents  for  each  mile  traveled 
by  the  usual  route  in  going  to  and  returning  from  the  place  of  meeting ; 
but  such  compensation  shall  not  in  the  aggregate  exceed  the  sum  of  two 
hundred  and  forty  dollars  for  each  member,  as  per  diem  allowance  for  the 
first  session  held  under  this  constitution,  nor  more  than  one  hundred  and 
fifty  dollars  for  each  session  thereafter,  nor  more  than  ninety  dollars  for 
any  special  session. — Kan.  (1859),  Art.  2. 

Sec.  42.  The  members  of  the  general  assembly  shall  severally  receive 
from  the  state  treasury  compensation  for  their  services,  which  shall  be 
five  dollars  a day  during  their  attendance  on,  and  fifteen  cents  per  mile 
for  the  necessary  travel  in  going  to  and  returning  from,  the  sessions  of 
their  respective  houses : Provided,  The  same  may  be  changed  by  law ; 

but  no  change  shall  take  effect  during  the  session  at  which  it  is  made;  nor 
shall  a session  of  the  general  assembly  continue  beyond  sixty  legislative 
days,  exclusive  of  Sundays  and  legal  holidays;  but  this  limitation  as  to 
length  of  session  shall  not  apply  to  the  first  session  held  under  this  con- 
stitution, nor  to  the  senate  when  sitting  as  a court  of  impeachment.  A , 
legislative  day  shall  be  construed  to  mean  a calendar  day. — Ky.  (1891), 
Sec.  42. 


Art.  29.  The  members  of  the  general  assembly  shall  receive  a compen- 
sation not  to  exceed  five  dollars  per  day  during  their  attendance,  and 
five  cents  per  mile  going  to  and  returning  from  the  seat  of  government. — 
La.  (1898),  Art.  29. 

Sec.  7.  The  senators  and  representatives  shall  receive  such  compensa- 
tion, as  shall  be  established  by  law ; but  no  law  increasing  their  compen- 
sation shall  take  effect  during  the  existence  of  the  legislature  which  en- 
acted it.  The  expenses  of  the  house  of  representatives  in  traveling  to  the 
legislature  and  returning  therefrom,  once  in  each  session  and  no  more, 
shall  be  paid  by  the  senate  out  of  the  public  treasury  to  every  member, 


144 


who  shall  seasonably  attend,  in  the  judgment  of  the  house,  and  does  not 
depart  therefrom  without  leave. — Me.  (1819),  Art.  4,  Part  3. 

Sec.  15.  The  general  assembly  may  continue  its  session  so  long  as  in 
its  judgment  the  public  interest  may  require,  for  a period  not  longer 
than  ninety  days ; and  each  member  thereof  shall  receive  a compensation 
of  five  dollars  per  diem  for  every  day  he  shall  attend  the  session,  but 
not  for  such  days  as  he  may  be  absent,  unless  absent  on  account  of  sick- 
ness or  by  leave  of  the  house  of  which  he  is  a member ; and  he  shall  also 
receive  such  mileage  as  may  be  allowed  by  law,  not  exceeding  twenty 
cents  per  mile;  and  the  presiding  officer  of  each  house  shall  receive  an 
additional  compensation  of  three  dollars  per  day.  When  the  general 
assembly  shall  be  convened  by  proclamation  of  the  governor,  the  session 
shall  not  continue  longer  than  thirty  days,  and  in  such  case  the  compen- 
sation shall  be  the  same  as  herein  prescribed. — Md.  (1867),  Art.  3. 

Sec.  16.  No  book,  or  other  printed  matter,  not  appertaining  to  the 
business  of  the  session,  shall  be  purchased  or  subscribed  for,  for  the  use 
of  the  members  of  the  general  assembly,  or  be  distributed  among  them, 
at  the  public  expense. — Md.  (1867),  Art.  3. 

Sec.  35.  No  extra  compensation  shall  be  granted  or  allowed  by  the 
general  assembly  to  any  public  officer,  agent,  servant  or  contractor,  after 
the  service  shall  have  been  rendered,  or  the  contract  entered  into;  nor 
shall  the  salary  or  compensation  of  any  public  officer  be  increased  or 
diminished  during  his  term  of  office. — Md.  (1867),  Art.  3. 

Sec.  7.  The  compensation  of  senators  and  representatives  shall  be 
three  dollars  per  diem  during  the  first  session,  but  may  afterwards  be 
prescribed  by  law  (b).  But  no  increase  of  compensation  shall  be  pre- 
scribed which  shall  take  effect  during  the  period  for  which  the  members 
of  the  existing  house  of  representatives  may  have  been  elected. — Minn. 
(1857),  Art.  4. 

Sec.  36.  The  legislature  shall  meet  at  the  seat  of  government  in 
regular  sessions  on  the  first  Tuesday  after  the  first  Monday  in  January 
of  the  year  A.  D.  1892,  and  every  four  years  thereafter;  and  in  special 
session  on  the  first  Tuesday  after  the  first  Monday  in  January  of  the  year 
A.  D.  1894,  and  every  four  years  thereafter,  unless  sooner  convened  by 
the  governor.  The  special  sessions  shall  not  continue  longer  than  thirty 
days,  unless  the  governor,  deeming  the  public  interest  to  require  it,  shall 
extend  the  sitting,  by  proclamation  in  writing,  to  be  sent  to  and  entered 
upon  the  journals  of  each  house,  for  a specific  number  of  days,  and  then 
it  may  continue  in  session  to  the  expiration  of  that  time.  At  such 
special  sessions  the  members  shall  receive  not  more  compensation  or 
salary  than  ten  cents  mileage  and  per  diem  of  not  exceeding  five  dollars; 
and  none  but  appropriation  and  revenue  bills  shall  be  considered,  except 
such  other  matters  as  may  be  acted  upon  at  an  extraordinary  session 
called  by  the  governor. — Miss.  (1890),  Art.  4. 

Sec.  46.  The  members  of  the  legislature  shall  severally  receive  from 
the  state  treasury  compensation  for  their  services,  to  be  prescribed  by 


145 


law,  which  may  be  increased  or  diminished;  but  no  alteration  of  such 
compensation  of  members  shall  take  effect  during  the  session  at  which 
it  is  made. — Miss.  (1890),  Art.  4. 

Sec.  16.  The  members  of  the  general  assembly  shall  severally  receive 
from  the  public  treasury  such  compensation  for  their  services  as  may, 
from  time  to  time,  be  provided  by  law,  not  to  exceed  five  dollars  per 
day  for  the  first  seventy  days  of  each  session,  and  after  that  not  to 
exceed  one  dollar  per  day  for  the  remainder  of  the  session,  except  the 
first  session  held  under  this  constitution,  and  during  revising  sessions, 
when  they  may  receive  five  dollars  per  day  for  one  hundred  and  twenty 
days,  and  one  dollar  per  day  for  the  remainder  of  such  sessions.  In 
addition  to  per  diem,  the  members  shall  be  entitled  to  receive  traveling  ex- 
penses or  mileage;  for  any  regular  and  extra  session  not  greater  than 
now  provided  by  law;  but  no  member  shall  be  entitled  to  traveling  ex- 
penses or  mileage  for  any  extra  session  that  may  be  called  within  one  day 
after  an  adjournment  of  a regular  session.  Committees  of  either  house,  or 
joint  committees  of  both  houses,  appointed  to  examine  the  institutions 
of  the  state,  other  than  those  at  the  seat  of  government,  may  receive 
their  actual  expenses,  necessarily  incurred  while  in  the  performance  of 
such  duty;  the  items  of  such  expenses  to  be  returned  to  the  chairman 
of  such  committee,  and  by  him  certified  to  the  state  auditor,  before 
the  same,  or  any  part  thereof,  can  be  paid.  Each  member  may  receive 
at  each  regular  session  an  additional  sum  of  thirty  dollars,  which 
shall  be  in  full  for  all  stationery  used  in  his  official  capacity,  and  all 
postage,  and  all  other  incidental  expenses  and  perquisites;  and  no 
allowance  or  emoluments,  for  any  purpose  whatever,  shall  be  made  to 
or  received  by  the  members,  or  any  member  of  either  house,  or  for  their 
use,  out  of  the  contingent  fund  or  otherwise,  except  as  herein  expressly 
provided;  and  no  allowance  or  emolument,  for  any  purpose  whatever, 
shall  ever  be  paid  to  any  officer,  agent,  servant  or  employe  of  either 
house  of  the  general  assembly  or  of  any  committee  thereof,  except  such 
per  diem  as  mav  be  provided  for  by  law,  not  to  exceed  five  dollars. — Mo. 
(1875),  Art.  4/ 

Sec.  55.  The  general  assembly  shall  have  no  power,  when  convened 
in  extra  session  by  the  governor,  to  act  upon  subjects  other  than  those 
specially  designated  in  the  proclamation  by  which  the  session  is  called, 
or  recommended  by  special  message  to  its  consideration  by  the  governor 
after  it  shall  have  been  convened. — Mo.  (1875),  Art.  4. 

Sec.  5.  Each  member  of  the  first  legislative  assembly,  as  a com- 
pensation for  his  services  shall  receive  six  dollars  for  each  day’s  attend- 
ance, and  twenty  cents  for  each  mile  necessarily  traveled  in  going  to 
and  returning  from  the  seat  of  government  to  his  residence  by  the  usu- 
ally traveled  route,  and  shall  receive  no  other  compensation,  perquisite 
or  allowance  whatsoever. 

No  session  of  the  legislative  assembly,  after  the  first,  which  may 
be  ninety  days,  shall  exceed  sixty  days. 

After  the  first  session,  the  compensation  of  the  members  of  the  legis- 
lative assembly  shall  be  as  provided  by  law:  Provided , That  no  legis- 

lative assembly  shall  fix  its  own  compensation. — Mont.  (1889),  Art.  5. 

19 — Legislative  Dept. 


146 


Sec.  8.  No  member  of  either  house,  shall,  during  the  term  for  which 
he  shall  have  been  elected,  receive  any  increase  of  salary  or  mileage  un- 
der any  law  passed  during  such  term.— Mont.  (1889),  Art.  5. 

Sec.  4.  The  terms  of  office  of  members  of  the  legislature  shall  be  two 
years,  and  they  shall  each  receive  pay  at  the  rate  of  five  dollars  per  day 
during  their  sitting,  and  ten  cents  for  every  mile  they  shall  travel  in 
going  to  and  returning  from  the  place  of  meeting  of  the  legislature,  on 
the  most  usual  route:  Provided , however  That  they  shall  not  receive 

pay  for  more  than  sixty  days  at  any  one  sitting,  nor  more  than  one  hun- 
dred days  during  their  term.  That  neither  members  of  the  legislature 
nor  employes  shall  receive  any  pay  or  perquisites  other  than  their  salary 
and  mileage.  Each  session,  except  special  sessions,  shall,  not  be  less  than 
sixty  days.  After  the  expiration  of  forty  days  of  the  session  no  bills 
nor  joint  resolutions  of  the  nature  of  bills  shall  be  introduced,  unless  the 
governor  shall  by  special  message  call  the  attention  of  the  legislature 
to  the  necessity  of  passing  a law  on  the  subject  matter  embraced  in  the 
message,  and  the  introduction  of  bills  shall  be  restricted  thereto. — Net). 
(1875),  Art.  3 {Arndt.  1886). 

Sec.  29.  The  first  regular  session  of  the  legislature  under  this  con- 
stitution may  extend  to  ninety  days,  but  no  subsequent  regular  session 
shall  exceed  sixty  days,  nor  any  special  session  convened  by  the  gov- 
ernor exceed  twenty  days. — Ac v.  (1864),  Art.  4. 

Sec.  33.  The  members  of  the  legislature  shall  receive  for  their  services 
a compensation  to  be  fixed  by  law,  and  paid  out  of  the  public  treasury; 
but  no  increase  of  such  compensation  shall  take  effect  during  the  term 
for  which  the  members  of  either  house  shall  have  been  elected:  Pro- 

vided, That  an  appropriation  may  be  made  for  the  payment  of  such 
actual  expenses  as  members  of  the  legislature  may  incur  for  postage, 
express  charges,  newspapers  and  stationery,  not  exceeding  the  sum  of 
sixty  dollars  for  any  general  or  special  session,  to  each  member:  And 

furthermore,  provided.  That  the  speaker  of  the  assembly,  and  lieutenant 
governor,  as  president  of  the  senate,  shall  each,  during  the  time  of  their 
actual  attendance  as  such  presiding  officers,  receive  an  additional  allow- 
ance of  two  dollars  per  diem. — Aev.  (1864),  Art . 4. 

Art.  14.  The  presiding  officers  of  both  houses  of  the  legislature  shall 
severally  receive  out  of  the  state  treasury  as  compensation  in  full  for 
their  services,  for  the  term  elected,  the  sum  of  two  hundred  and  fifty 
dollars,  and  all  other  members  thereof  seasonably  attending  and  not 
departing  without  license,  the  sum  of  two  hundred  dollars,  exclusive 
of  mileage:  Provided,  however.  That  when  a special  session  shall  be 

called  by  the  governor,  such  officers  and  members  shall  receive  for  at- 
tendance an  additional  compensation  of  three  dollars  per  day  for  a 
period  not  exceeding  fifteen  da  vs,  and  the  usual  mileage. — A.  H.,  Part  2, 
Art.  14. 

7.  Members  of  the  senate  and  general  assembly  shall  receive  annu- 
ally the  sum  of  five  hundred  dollars  during  the  time  for  which  they 
shall  have  been  elected  and  while  they  shall  hold  their  office,  and  no 


147 


other  allowance  or  emolument,  directly  or  indirectly,  for  any  purpose 
whatever.  The  president  of  the  senate  and  the  speaker  of  the  house 
of  assembly  shall,  in  virtue  of  their  offices,  receive  an  additional  com- 
pensation,  equal  to  one-third  of  their  allowance  as  members. — X.  J. 
(1844),  Art.  4,  Sec.  4,  Cl.  7. 

Sec.  6.  Each  member  of  the  legislature  shall  receive  for  his  services 
an  annual  salary  of  one  thousand  five  hundred  dollars.  The  members 
of  either  house  shall  also  receive  the  sum  of  one  dollar  for  every  ten 
miles  they  shall  travel  in  going  to  and  returning  from  their  place  of 
meeting,  once  in  each  session,  on  the  most  usual  route.  Senators,  when 
the  senate  alone  is  convened  in  extraordinary  session,  or  when  serving 
as  members  of  the  court  for  the  trial  of  impeachments,  and  such  mem- 
bers of  the  assembly,  not  exceeding  nine  in  number,  as  shall  be  ap- 
pointed managers  of  an  impeachment,  shall  receive  an  additional  allow- 
ance of  ten  dollars  a day. — N.  Y.  (1894),  Art.  3. 

Sec.  28.  The  members  of  the  general  assembly  for  the  term  for  which 
they  have  been  elected  shall  receive  as  a compensation  for  their  services 
the  sum  of  four  dollars  per  day  for  each  day  of  their  session,  for  a period 
not  exceeding  sixty  days;  and  should  they  remain  longer  in  session, 
they  shall  serve  without  compensation.  They  shall  also  be  entitled  to 
receive  ten  cents  per  mile,  both  while  coming  to  the  seat  of  government 
and  while  returning  home,  the  said  distance  to  be  computed  by  the 
nearest  line  or  route  of  public  travel.  The  compensation  of  the  presid- 
ing officers  of  the  two  houses  shall  be  six  dollars  per  day  and  mileage. 
Should  an  extra  session  of  the  general  assembly  be  called,  the  members 
and  presiding  officers  shall  receive  a like  rate  of  compensation  for  a 
period  not  exceeding  twenty  days. — X.  C.  (1875),  Art.  2. 

Sec.  45.  Each  member  of  the  legislative  assembly  shall  receive  as  a 
compensation  for  his  services  for  each  session,  five  dollars  per  day,  and 
ten  cents  for  every  mile  of  necessary  travel  in  going  to  and  returning 
from  the  place  of  the  meeting  of  the  legislative  assembly  on  the  most 
usual  route. — X.  Dak,  (1889),  Art.  2. 

Sec.  56.  No  regular  session  of  the  legislative  assembly  shall  exceed 
sixty  days,  except  in  case  of  impeachment,  but  the  first  session  of  the 
legislative  assembly  may  continue  for  a period  of  one  hundred  and 
twenty  days. — N.  Dak.  (1889),  Art.  2. 

Sec.  31.  The  members  and  officers  of  the  general  assembly  shall  re- 
ceive a fixed  compensation,  to  be  prescribed  by  law,  and  no  other  allow- 
ance or  perquisites,  either  in  the  payment  of  postage  or  otherwise;  and 
no  change  in  their  compensation  shall  take  effect  during  their  term  of 
office. — Ohio  (1851),  Art.  2. 

Sec.  21.  Members  of  the  legislature  shall  receive  six  dollars  per  diem 
for  their  services  during  the  session  of  the  legislature,  and  ten  cents  per 
mile  for  every  mile  of  necessary  travel  in  going  to  and  returning  from 
the  place  of  meeting  of  the  legislature,  on  the  most  usual  route,  and 
shall  receive  no  other  compensation:  Provided,  That  members  of  the 


148 


legislature,  except  during  the  first  session  thereof  held  under  this  con- 
stitution, shall  receive  only  two  dollars  per  diem  for  their  services  after 
sixty  days  of  such  session  have  elapsed. — Okla.  (1907).,  Art.  5. 

Sec.  25.  The  first  session  of  the  legislature,  held  by  virtue  of  this 
constitution,  shall  not  exceed  one  hundred  and  sixty  days. — Okla.  (1907), 
Art.  5. 


Sec.  29.  The  members  of  the  legislative  assembly  shall  receive  for  their 
services  a sum  not  exceeding  three  dollars  a day  from  the  commence- 
ment of  the  session ; but  such  pay  shall  not  exceed  in  the  aggregate  one 
hundred  and  twenty  dollars  for  per  diem  allowance  for  any  one  session. 
When  convened  in  extra  session  by  the  governor,  they  shall  receive  three 
dollars  per  day;  but  no  extra  session  shall  continue  for  a longer  period 
than  twenty  days.  They  shall  also  receive  the  sum  of  three  dollars  for 
every  twenty  miles  they  shall  travel  in  going  to  and  returning  from 
their  place  of  meeting,  on  the  most  usual  route.  The  presiding  officers 
of  the  assembly  shall,  in  virtue  of  their  office,  receive  an  additional  com- 
pensation equal  to  two-thirds  of  their  per  diem  allowance  as  members. — 
Ore.  (1857),  Art.  4. 

Sec.  8.  The  members  of  the  general  assembly  shall  receive  such  sal- 
ary and  mileage  for  regular  and  special  sessions  as  shall  be  fixed  by  law, 
and  no  other  compensation  whatever,  whether  for  service  upon  commit- 
tee or  otherwise.  No  member  of  either  house  shall,  during  the  term  for 
which  he  may  have  been  elected,  receive  any  increase  of  salary  or  mileage, 
under  any  law  passed  during  such  term. — Pa.  (1873),  Art.  2. 

Sec.  25.  When  the  general  assembly  shall  be  convened  in  special  ses- 
sion, there  shall  be  no  legislation  upon  subjects  other  than  those  desig- 
nated in  the  proclamation  of  the  governor  calling  such  session. — Pa. 
(1873),  Art.  3. 

Sec.  1.  There  shall  be  a session  of  the  general  assembly  at  Providence 
commencing  on  the  first  Tuesday  of  January  in  each  year.  The  sen- 
ators and  representatives  shall  severally  receive  the  sum  of  five  dollars, 
and  the  speaker  of  the  house  of  representatives  ten  dollars,  for  every  day 
of  actual  attendance,  and  eight  cents  per  mile  for  traveling  expenses  in 
going  to  and  returning  from  the  general  assembly : Provided,  That  no 

compensation  or  mileage  shall  be  allowed  any  senator  or  representative 
for  more  than  sixty  days  attendance  in  any  calendar  year.  The  general 
assembly  shall  regulate  the  compensation  of  the  governor  and  of  all 
other  officers,  subject  to  the  limitations  contained  in  the  constitution. — 
R.  I.  (1842),  Arndt.  Art.  11. 


Sec.  19.  Each  member  of  the  general  assembly  shall  receive  five  cents 
for  evert  mile  for  ordinary  route  of  travel  in  going  to  and  returning 
from  the  place  where  its  sessions  are  held;  no  general  assembly  shall 
have  the  power  to  increase  the  per  diem  of  its  own  members;  and  mem- 
bers of  the  general  assembly  when  convened  in  extra  session  shall  re- 
ceive the  same  compensation  as  is  fixed  bv  law  for  the  regular  session. — 
S.  C.  (1895),  Art.  3. 


149 


Sec.  6.  The  terms  of  the  office  of  the  members  of  the  legislature  shall 
be  two  years;  they  shall  receive  for  their  services  the  sum  of  five  dol- 
lars for  each  day’s  attendance  during  the  session  of  the  legislature,  and 
ten  cents  for  every  mile  of  necessary  travel  in  going  to  and  returning 
from  the  place  of  meeting  of  the  legislature  on  the  most  usual  route. 

Each  regular  session  of  the  legislature  shall  not  exceed  sixty  days, 
except  in  cases  of  impeachment,  and  members  of  the  legislature  shall 
receive  no  other  pay  or  perquisites  except  per  diem  and  mileage. — -S.  D. 
(1889),  Art.  3. 

/ 

Sec.  23.  The  sum  of  four  dollars  per  day;  and  four  dollars  for  every 
twenty-five  miles  traveling  to  and  from  the  seat  of  government,  shall  be 
allowed  to  the  members  of  each  general  assembly  elected  after  the  ratifi- 
cation of  this  constitution,  as  a compensation  for  their  services.  But 
no  member  shall  be  paid  for  more  than  seventy -five  days  of  a regular 
session,  or  for  more  than  twenty  days  of  any  extra  or  called  session, 
or  for  any  day  when  absent  from  his  seat  in  the  legislature,  unless 
physically  unable  to  attend.  The  senators,  when  sitting  at  a court  of 
impeachment,  shall  each  receive  four  dollars  per  day  of  actual  attend- 
ance.— Term.  (1870),  Art.  2. 

Sec.  24.  The  members  of  the  legislature  shall  receive  from  the  public 
treasury  such  compensation  for  their  services  as  may  from  time  to  time 
be  provided  by  law,  not  exceeding  five  dollars  per  day  for  the  first  sixty 
days  of  each  session;  and  after  that  not  exceeding  two  dollars  per  day 
for  the  remainder  of  the  session;  except  the  first  session  held  under 
this  constitution,  when  they  may  receive  not  exceeding  five  dollars  per 
day  for  the  first  ninety  days,  and  after  that  not  exceeding  two  dollars  per 
day  for  the  remainder  of  the  session.  In  addition  to  the  per  diem, 
the  members  of  each  house  shall  be  entitled  to  mileage  in  going  to  and 
returning  from  the  seat  of  government,  which  mileage  shall  not  exceed 
five  dollars  for  every  twenty-five  miles,  the  distance  to  be  computed  by 
the  nearest  and  most  direct  route  of  travel  by  land  regardless  of  rail- 
ways or  water  routes;  and  the  comptroller  of  the  state  shall  prepare 
and  preserve  a table  of  distances  to  each  county  seat  now  or  hereafter 
to  be  established,  and  by  such  table  the  mileage  of  each  member  shall  be 
paid;  but  no  member  shall  be  entitled  to  mileage  for  any  extra  session 
that*  may  be  called  within  one  day  after  the  adjournment  of  a regular 
or  called  session. — Tex.  (1875),  Art.  3. 

Sec.  40.  When  the  legislature  shall  be  convened  in  special  session, 
there  shall  be  no  'legislation  upon  subjects  other  than  those  designated 
in  the  proclamation  of  the  governor  calling  such  session,  or  presented  to 
them  by  the  governor ; and  no  such  session  shall  be  of  longer  duration 
than  thirty  days. — Tex.  (1875),  Art.  3. 

Sec.  9.  The  members  of  the  legislature  shall  receive  such  per  ’diem 
and  mileage  as  the  legislature  may  provide,  not  exceeding  four  dollars 
per  day,  and  ten  cents  per  mile  for  the  distance  necessarily  traveled 
going  to  and  returning  from  the  place  of  meeting  on  the  most  usual 
route,  and  they  shall  receive  no  other  pav  or  perquisite.— Utah  (1896), 
Art.  6. 


150 


Sec.  16.  Xo  regular  session  of  the  legislature  (except  the  first,  which 
mav  sit  ninety  days)  shall  exceed  sixty  days,  except  in  cases  of  impeach- 
ment. No  special  session  shall  exceed  thirty  days,  and  in  such  special 
session,  or  when  a regular  session  of  the  legislature  trying  cases  of 
impeachment  exceeds  sixty  days,  the  members  shall  receive  for  com- 
pensation only  the  usual  per  diem  and  mileage. — Utah  (1896),  Art.  6. 

Sec.  45.  The  members  of  the  general  assembly  shall  receive  for  their 
services  a salary  to  be  fixed  by  law  and  paid  from  the  public  treasury ; 
but  no  act  increasing  such  salary  shall  take  effect  until  after  the  end 
of  the  terjn  for  which  the  members  voting  thereon  were  elected;  and  no 
member  during  the  term  for  which  he  shall  have  been  elected,  shall  be 
appointed  or  elected  to  any  civil  office  of  profit  in  the  state  except  offices 
filled  by  election  by  the  people. — Ya.  (1902),  Art.  4. 

Sec.  23.  Each  member  of  the  legislature  shall  receive  for  his  services 
five  dollars  for  each  day's  attendance  during  the  session,  and  ten  cents 
for  every  mile  he  shall  travel  in  going  to  and  returning  from  the  place 
of  meetiug  of  the  legislature  on  the  most  usual  route. — Wash.  (1889), 
Art.  2. 

22.  No  session  of  the  legislature,  after  the  first,  shall  continue 
longer  than  forty-five  days,  without  the  concurrence  of  two-thirds  of  the 
members  elected  to  each  house. — W.  Ya.  (1872),  Art.  6. 

Sec.  33.  The  members  of  the  legislature  shall  each  receive  for  their 
services  the  sum  of  four  dollars  per  day  and  ten  cents  for  each  mile  trav- 
eled in  going  to  and  returning  from  the  seat  of  government  by  the  most 
direct  route.  The  speaker  of  the  house  of  delegates  and  the  president  of 
the  senate,  shall  each  receive  an  additional  compensation  of  two  dollars 
per  day  for  each  day  they  shall  act  as  presiding  officers.  No  other  allow- 
ance or  emolument  than  that  by  this  section  provided  shall  directly  or 
indirectly  be  made  or  paid  to  the  members  of  either  house  for  postage, 
stationerv.  newspapers,  or  anv  other  purpose  whatever. — W.  Ya.  (1872), 
Art.  6. 


Sec.  21.  Each  member  of  the  legislature  shall  receive  for  his  services, 
for  and  during  a regular  session,  the  sum  of  five  hundred  dollars,  and  ten 
cents  for  every  mile  he  shall  travel  in  going  to  and  returning  from  the 
place  of  meeting  of  the  legislature  on  the  most  usual  route,  in  case  of  an 
extra  session  of  the  legislature,  no  additional  compensation  shall  be 
allowed  to  any  member  thereof,  either  directly  or  indirectly,  except  for 
mileage,  to  be  computed  at  the  same  rate  as  for  a regular  session.  No 
stationery,  newspaper,  postage  or  other  perquisite,  except  the  salary  and 
mileage  above  provided,  shall  be  received  from  the  state  by  any  member 
of  the  legislature  for  his  services,  or  in  any  other  manner  as  such  mem- 
ber.— Wis.  (1848),  (Arndt.) , Art.  4. 

Sec.  6.  Each  member  of  the  first  legislature,  as  a compensation  for 
his  services,  shall  receive  five  dollars  for  each  day's  attendance,  and  fif- 
teen cents  for  each  mile  traveled  in  going  to  and  returning  from  the  seat 
of  government  to  his  residence  by  the  usual  traveled  route,  and  shall  re- 


151 


ceive  no  other  compensation,  perquisite,  or  allowance  whatever.  No  ses- 
sion of  the  legislature  after  the  first,  which  may  be  sixty  days,  shall  ex- 
ceed forty  days.  After  the  first  session  the  compensation  of  the  members 
of  the  legislature  shall  be  as  provided  by  law;  but  no  legislature  shall 
fix  its  own  compensation. — Wyo.  (1889),  Art.  3. 

Sec.  9.  No  member  of  either  house  shall,  during  the  term  for  which 
he  was  elected,  receive  any  increase  of  salary  or  mileage  under  any  law 
passed  during  that  term. — Wyo.  (1889),  Art.  3. 


MEMBERS  INELIGIBLE  TO  APPOINTMENT;  NOT  TO  BE 


INTERESTED  IN  CONTRACTS. 


(22)  Sec.  }8.  No  person  elected  a member  of  the  legislature  shall  re- 
ceive any  civil  appointment  within  this  state,  or  to  the  senate  of  the 
United  States,  from  the  governor , the  governor  and  senate , from  the 
legislature,  or  any  other  state  authority,  during  the  term  for  which  he  is 
elected.  All  such  appointments  and  all  votes  given  for  any  person  so 
elected  for  any  such  office  or  appointment  shall  be  void.  No  member  of 
the  legislature  shall  be  interested , directly  or  indirectly , in  any  contract 
with  the  state  or  any  county  thereof  , authorized  by  any  law  passed  during 
the  time  for  which  he  is  elected , nor  for  one  year  thereafter. — Mich. 
(1850),  Art.  4. 

Sec.  59.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  office  of  profit  under  this 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased  during  such  term,  except  such  offices  as  may  be  filled 
b>  election  by  the  people. — Ala.  (1901),  Art.  4. 


Sec.  10.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  or  elected  to  any  civil  office  under 
this  state. — Ark.  (1874),  Art.  5. 

Sec.  19.  No  senator  or  member  of  assembly  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit 
under  the  state  which  shall  have  been  created,  or  the  emoluments  of 
which  have  been  increased  during  such  term,  except  such  offices  as  may 
be  filled  by  election  by  the  people. — Cal.  (1880),  Art.  4. 


Sec.  8.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under  this 
state;  and  no  member  of  congress,  or  other  person  holding  any  office  (ex- 
cept of  attorney-at-law,  notary  public,  or  in  the  militia)  under  the  United 
States  or  this  state,  shall  be  a member  of  either  house  during  his  continu- 
ance in  office. — Colo.  (1876),  Art.  5. 

Sec.  14.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under  this  state 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  such  time.  No  member  of  congress,  nor  any 
person  holding  any  office  under  this  state,  or  the  United  States,  except 
officers  usually  appointed  by  the  courts  of  justice  respectively,  attorneys- 


152 


at-law  and  officers  in  the  militia,  holding  no  disqualifying  office,  shall 
during  his  continuance  in  congress  or  in  office  be  a senator  or  representa- 
tive; nor  shall  any  person  while  concerned  in  any  army  or  navy  contract 
be  a senator  or  representative. — Del.  (1897),  Art.  2. 

Sec.  5.  No  senator  or  member  of  the  house  of  representatives  shall, 
during  the  time  for  which  he  was  elected,  be  appointed  or  elected  to  any 
civil  office  under  the  constitution  of  this  state  that  has  been  created,  or 
the  emoluments  whereof  shall  have  been  increased  during  such  time. — 
Fla,  (1S85) , Art.  3. 

Sec.  15.  No  person  elected  to  the  general  assembly  shall  receive  any 
civil  appointment  within  this  state  from  the  governor,  the  governor  and 
senate,  or  from  the  general  assembly,  during  the  term  for  which  he  shall 
have  been  elected ; and  all  such  appointments,  and  all  votes  given  for 
any  such  members  for  any  such  office  or  appointment,  shall  be  void; 
nor  shall  any  member  of  the  general  assembly  be  interested,  either  di- 
rectly or  indirectly,  in  any  contract  with  the  state,  or  any  county  thereof, 
authorized  by  any  law  passed  during  the  term  for  which  he  shall  have 
been  elected,  or  within  one  year  after  the  expiration  thereof. — 111.  (1870), 
Art.  4. 


Sec.  30.  No  senator  or  representative  shall,  during  the  term  for  which 
he  may  have  been  elected,  be  eligible  to  any  office,  the  election  to  which 
is  vested  in  the  general  assembly,  nor  shall  he  be  appointed  to  any  civil 
office  of  profit,  which  shall  have  been  created,  or  the  emoluments  of 
which  shall  have  been  increased,  during  such  term;  but  this  latter  pro- 
vision shall  not  be  construed  to  apply  to  any  office  elective  by  the  people. 
— 7/id.  (1851).  Art.  4. 

Sec.  21.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under 
this  state,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  term,  except  such  offices  as  may  be 
filled  by  elections  by  the  people. — Ioira  (1857),  Art.  3. 

Sec.  44.  No  senator  or  representative  shall,  during  the  term  for  which 
he  was  elected,  nor  for  one  year  thereafter,  be  appointed  or  elected  to 
any  civil  office  of  profit  in  this  commonwealth,  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  beeu  increased,  during 
the  said  term,  except  to  such  offices  as  may  be  filled  by  the  election  of  the 
]>eople. — Ky.  (1891)  , Sec.  44. 

Art.  27.  No  senator  or  representative  shall,  during  the  term  for  which 
he  was  elected,  nor  for  one  year  thereafter,  be  appointed  or  elected  to 
any  civil  office  of  profit  under  this  state  which  may  have  been  created, 
or  the  emoluments  of  which  may  have  been  increased  by  the  general  as- 
sembly during  the  time  such  senator  or  representative  was  a member 
thereof. — La.  (1898),  Art.  27. 

Sec.  10.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under 


this  state,  which  shall  have  been  created,  or  the  emoluments  of  which 
increased  during  such  term  except  such  offices  as  may  be  filled  by  elec- 
tions by  the  people : Provided , That  this  prohibition  shall  not  extend  to 
the  members  of  the  first  legislature. — Me.  (1819),  Art.  4,  Part  3. 

Sec.  17.  No  senator  or  delegate,  after  qualifying  as  such,  notwith- 
standing he  may  thereafter  resign,  shall  during  the  whole  period  of  time 
for  which  he  was  elected  be  eligible  to  any  office  which  shall  have  been 
created,  or  the  salary  or  profits  of  which  shall  have  been  increased,  dur- 
ing such  term. — Md.  (1867),  Art.  3. 

Sec.  9.  No  senator  or  representative  shall,  during  the  time  for  which 
he  is  elected,  hold  any  office  under  the  authority  of  the  United  States  or 
the  state  of  Minnesota,  except  that  of  postmaster,  and  no  senator  or 
representative  shall  hold  an  office  under  the  state  which  has  been  created 
or  the  emoluments  of  which  have  been  increased  during  the  session  of  the 
legislature  of  which  he  was  a member,  until  one  year  after  the  expiration 
of  his  term  of  office  in  the  legislature. — Minn.  (1857),  Art.  4. 

Sec.  45.  No  senator  or  representative,  during  the  term  for  which  he 
was  elected,  shall  be  eligible  to  any  office  of  profit  which  shall  have  been 
created,  or  the  emoluments  of  which  have  been  increased  during  the  time 
such  senator  or  representative  was  in  office,  except  to  such  offices  as  may 
be  filled  by  an  election  of  the  people. — Miss.  (1890),  Art.  4. 

Sec.  142.  In  case  of  an  election  of  governor  or  any  state  officer  by 
the  house  of  representatives,  no  member  of  that  house  shall  be  eligible 
to  receive  any  appointment  from  the  governor  or  other  state  officer 
so  elected,  during  the  term  for  which  he  shall  be  elected. — Miss.  (1890), 
Art.  5. 

Sec.  109.  No  public  officer  or  member  of  the  legislature  shall  be  in- 
terested, directly  or  indirectly,  in  any  contract  with  the  state,  or  any 
district,  county,  city,  or  town  thereof,  authorized  by  any  law  passed 
or  order  made  by  any  board  of  which  he  may  be  or  may  have  been  a 
member,  during  the  term  for  which  he  shall  have  been  chosen,  or  within 
one  year  after  the  expiration  of  such  term. — Miss.  (1890).  Art.  4. 

Sec.  12.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  office  under  this  state,  or 
any  municipality  thereof;  and  no  member  of  congress  or  person  holding 
any  lucrative  office  under  the  United  States,  or  this  state,  or  any  munici- 
pality thereof  (militia  officers,  justices  of  the  peace  and  notaries  public 
excepted),  shall  be  eligible  to  either  house  of  the  general  assembly,  or 
remain  a member  thereof,  after  having  accepted  any  such  office  or  seat 
in  either  house  of  congress. — Mo.  (1875),  Art.  4. 

Sec.  7.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under  the 
state;  and  no  member  of  congress,  or  other  person  holding  an  office  (ex- 
cept notary  public,  or  in  the  militia)  under  the  United  States  or  this 
20 — Legislative  Dept. 


154 


state,  shall  be  a member  of  either  house  during  his  continuance  in  office. 
— Mont.  (1889),  Art.  5. 

Sec.  13.  No  person  elected  to  the  legislature  shall  receive  any  civil  ap- 
pointment within  this  state,  from  the  governor  and  senate  during  the 
term  for  which  he  has  been  elected.  And  all  such  appointments,  and  all 
votes  given  for  any  such  member  for  any  such  office  or  appointment,  shall 
be  void.  Nor  shall  any  member  of  the  legislature,  or  any  state  officer 
be  interested  either  directly  or  indirectly,  in  any  contract  with  the  state, 
county  or  city,  authorized  by  any  law  passed  during  the  term  for  which 
he  shall  have  been  elected,  or  within  one  vear  after  the  expiration  thereof. 
—Net).  (1875),  Art.  3. 

Sec.  8.  No  senator  or  member  of  assembly  shall,  during  the  term  for 
which  he  shall  have  been  elected,  nor  for  one  year  thereafter,  be  appointed 
to  any  civil  office  of  profit  under  this  state  which  shall  have  been  created, 
or  the  emoluments  of  which  shall  have  been  increased,  during  such  term, 
except  such  office  as  mav  be  filled  bv  elections  bv  the  people. — Nev. 
(1864),  Art.  4. 

1.  No  member  of  the  senate  or  general  assembly  shall,  during  the  time 
for  which  he  was  elected,  be  nominated  or  appointed  by  the  governor,  or 
by  the  legislature  in  joint  meeting,  to  any  civil  office  under  the  authority 
of  this  state  which  shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased,  during  such  time. — N.  J.  (1844),  Art.  4,  Sec.  5, 
Cl.  1. 

Sec.  7.  No  member  of  the  legislature  shall  receive  any  civil  appoint- 
ment within  this  state,  or  the  senate  of  the  United  States,  from  the  gov- 
ernor, the  governor  and  senate,  or  from  the  legislature,  or  from  any  city 
government,  during  the  time  for  which  he  shall  have  been  elected;  and  all 
such  appointments  and  all  votes  given  fo  rany  such  member  for  any  such 
office  or  appointment  shall  be  void. — N.  Y.  (1894),  Art.  3. 

Sec.  39.  No  member  of  the  legislative  assembly  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  or  elected  to  any  civil  office  in  this 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  the  term  for  which  he  was  elected;  nor  shall 
any  member  receive  any  civil  appointment  from  the  governor,  or  governor 
and  senate,  during  the  term  for  which  he  shall  have  been  elected. — 
N.  Dak.  (1889),  Art.  2. 

Sec.  19.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  or  for  one  year  thereafter,  be  appointed  to  any 
civil  office  under  this  state,  which  shall  lie  created,  or  the  emoluments  of 
which  shall  have  been  increased,  during  the  term  for  which  he  shall  have 
been  elected. — Ohio  (1851),  Art.  2. 

Sec.  23.  No  member  of  the  legislature  shall,  during  the  term  for  which 
he  was  elected,  be  appointed  or  elected  to  any  office  or  commission  in  the 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  his  term  of  office,  nor  shall  any  member  re- 


155 


<*eive  any  appointment  from  the  governor,  the  governor  and  senate,  or 
from  the  legislature,  during  the  term  for  which  he  shall  have  l>een  elected, 
nor  shall  any  member  during  the  term  for  which  he  shall  have  been  elected 
or  within  two  years  thereafter,  be  interested,  directly  or  indirectly,  in  any 
contract  with  the  state,  or  any  county  or  other  subdivision  thereof,  au- 
thorized bv  law  passed  during  the  term  for  which  he  shall  have  been 
elected. — Okla.  (1907),  Art.  5. 

Sec.  30.  No  senator  or  representative  shall,  during  the  time  for  which 
he  may  have  been  elected,  be  eligible  to  any  office,  the  election  to  which  is 
vested  in  the  legislative  assembly;  nor  shall  be  appointed  to  any  civil 
office  of  profit  which  shall  have  been  created,  or  the  emoluments  of 
which  shall  have  been  increased  during  such  term,  but  this  latter  pro- 
vision shall  not  be  construed  to  apply  to  any  officer  elective  by  the  people. 
— Ore.  (1857),  Art.  4. 

Sec.  0.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under  this 
commonwealth,  and  no  member  of  congress  or  other  person  holding  any 
office  (except  of  attorney-at-law  or  in  the  militia)  under  the  United 
States,  or  this  commonwealth,  shall  be  a member  of  either  house  during 
his  continuance  in  office. — Pa.  (1873),  Art.  2. 

Sec.  12.  No  member  of  the  legislature  shall,  during  the  term  for 
which  he  was  elected,  be  appointed  or  elected  to  any  civil  office  in  the 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased  during  the  term  for  which  he  was  elected,  nor  shall 
any  member  receive  any  civil  appointment  from  the  governor,  the  gov- 
ernor and  senate  or  from  the  legislature  during  the  term  for  which  he 
shall  have  been  elected,  and  all  such  appointments  and  all  votes  given 
for  any  such  members  for  any  such  office  or  appointment  shall  be  void; 
nor  shall  any  member  of  the  legislature  during  the  term  for  which  he 
shall  have  been  elected,  or  within  one  year  thereafter,  be  interested,  di- 
rectly or  indirectly,  in  any  contract  with  the  state  or  any  county  thereof, 
authorized  by  any  law  passed  during  the  term  for  which  he  shall  have 
been  elected. — S.  D.  (1889),  Art.  3. 

Sec.  18.  No  senator  or  representative  shall,  during  the  term  for  which 
he  may  be  elected,  be  eligible  to  any  civil  office  of  profit  under  this  state 
which  shall  have  been  created  or  the  emoluments  of  which  may  have 
been  increased  during  such  term;  no  member  of  either  house  shall,  dur- 
ing the  term  for  which  he  is  elected,  be  eligible  to  any  office  or  place,  the 
appointment  to  which  may  be  made,  in  whole  or  in  part,  by  either  branch 
of  the  legislature;  and  no  member  of  either  house  shall  vote  for  any 
other  member  for  any  office  whatever,  which  may  be  filled  by  a vote  of  the 
legislature,  except  in  such  cases  as  are  in  this  constitution  provided. 
Nor  shall  any  member  of  the  legislature  be  interested,  either  directly  or 
indirectly,  in  any  contract  with  the  state,  or  any  county  thereof,  au- 
thorized by  any  law  passed  during  the  term  for  which  he  shall  have  been 
elected. — Tex.  (1875),  Art.  3. 


8ec.  7.  No  member  of  the  legislature,  during  the  term  for  which  he 


156 


was  elected,  shall  be  appointed  or  elected  to  any  civil  office  of  profit  under 
this  state,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  the  term  for  which  he  was  elected. — 
Utah  (1806),  Art.  6. 

Sec.  13.  No  member  of  the  legislature,  during  the  term  for  which 
he  is  elected,  shall  be  appointed  or  elected  to  any  civil  office  in  the  state, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  the  term  for  which  he  was  elected. — Wash.  (1889), 
Art.  2. 


Sec.  15.  No  senator  or  delegate,  during  the  term  for  which  he  shall 
have  been  elected,  shall  be  elected  or  appointed  to  any  civil  office  of 
profit  under  this  state,  which  has  been  created,  or  the  emoluments  of 
which  have  been  increased  during  such  term,  except  offices  to  be  tilled 
by  election  by  the  people.  Nor  shall  any  member  of  the  legislature  be 
interested,  directly  or  indirectly,  in  any  contract  with  the  state,  or  any 
county  thereof,  authorized  by  any  law  passed  during  the  term  for  which 
he  shall  have  been  elected. — W.  Va.  (1872),  Art.  6. 

Sec.  12.  No  member  of  the  legislature  shall,  during  the  term  for 
which  he  was  elected,  be  appointed  or  elected  to  any  civil  office  in  the 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  the  term  for  which  he  was  elected. — Wis. 
(1848),  Art.  4. 

Sec.  8.  No  senator  or  representative  shall,  during  the  term  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  state,  and  no 
member  of  congress  or  other  j>erson  holding  an  office  (except  that  of 
notary  public  or  an  office  in  the  militia)  under  the  United  States  or 
this  state,  shall  be  a member  of  either  house  during  his  continuance  in 
office. — Wyo.  (1889),  Art.  3. 


THREE  READINGS  OF  BILLS;  FINAL  PASSAGE. 

(23)  Sec.  19.  Keen / hill  and  joint  resolution  shall  he  read  thre e 
times  in  eaeh  house  before  the  final  passage  thereof.  Xo  hill  or  joint 
resolution  shall  become  a laic  loithout  the  concurrence  of  a majoritg 
of  all  the  members  elected  to  eaeh  house.  On  the  final  passage  of  all 
hills  the  rote  shall  he  hg  ages  and  nags  and  entered  on  the  journal. — 
11  ieh.  (1850),  Art.  4. 

Sec.  63.  Every  bill  shall  be  read  on  three  different  days  in  each  house, 
and  no  bill  shall  become  a law  unless  ou  its  final  passage  it  be  read  at 
length,  and  the  vote  be  taken  by  yeas  and  nays,  the  names  of  the  mem- 
bers voting  for  and  against  the  same  be  entered  upon  the  journal,  and  a 
majority  of  each  house  Ik1  recorded  thereon  as  voting  in  its  favor,  except 
as  otherwise  provided  in  this  constitution. — Ala.  (1901),  Art.  4. 

Sec.  22.  Every  bill  shall  be  read  at  length  on  three  different  days  in 
each  house,  unless  the  rules  be  suspended  by  two-thirds  of  the  house. 


157 


when  the  same  may  be  read  a second  or  third  time  on  the  same  day;  and 
no  bill  shall  become  a law  unless  on  its  final  passage  the  vote  be  taken 
by  yeas  and  nays,  the  names  of  the  persons  voting  for  and  against  the 
same  be  entered  on  the  journal,  and  a majority  of  each  house  be  re- 
corded thereon  as  voting  in  its  favor. — Ark . (1874),  Art.  5. 

Sec.  15.  No  law  shall  be  passed  except  by  bill.  Nor  shall  any  bill  be 
put  upon  its  final  passage  until  the  same,  with  the  amendments  thereto, 
shall  have  been  printed  for  the  use  of  the  members;  nor  shall  any  bill 
become  a law  unless  the  same  be  read  on  three  several  days  in  each 
house,  unless,  in  case  of  urgency,  two-thirds  of  the  house  where  such 
bill  ma}’  be  pending  shall,  by  a vote  of  yeas  and  nays,  dispense  with 
this  provision.  Any  bill  may  originate  in  either  house,  but  may  be 
amended  or  rejected  by  the  other;  and  on  the  final  passage  of  all  bills 
they  shall  be  read  at  length,  and  the  vote  shall  be  by  yeas  and  nays  upon 
each  bill  separately,  and  shall  be  entered  on  the  journal,  and  no  bill  shall 
become  a law  without  the  concurrence  of  a majority  of  the  members 
elected  to  each  house. — Cal.  (1880),  Art.  4. 

Sec.  22.  Every  bill  shall  be  read  by  title  when  introduced,  and  at 
length  on  two  different  days  in  each  house;  all  substantial  amendments 
made  thereto,  shall  be  printed  for  the  use  of  the  members  before  the 
final  vote  is  taken  on  the  bill ; and  no  bill  shall  become  a law  except  by 
vote  of  a majority  of  all  the  members  elected  to  each  house,  nor  unless 
on  its  final  passage,  the  vote  be  taken  by  ayes  and  noes,  and  the  names 
of  those  voting  be  entered  on  the  journal. — Colo.  (18*76),  Art.  5. 

Sec.  10.  Each  house  shall  keep  a journal  of  its  proceedings,  and  pub- 
lish the  same  immediately  after  every  session,  except  such  parts  as  may 
require  secrecy,  and  the  yeas  and  nays  of  the  members  on  any  question 
shall,  at  the  desire  of  any  member,  be  entered  on  the  journal.  No  bill 
or  joint  resolution,  except  in  relation  to  adjournment,  shall  pass  either 
house  unless  the  final  vote  shall  have  been  taken  by  yeas  and  nays,  and 
the  names  of  the  members  voting  for  and  against  the  same  shall  be  en- 
tered on  the  journal,  nor  without  the  concurrence  of  a majority  of  all 
the  members  elected  to  each  house. — Del.  (1897),  Art.  2. 

Sec.  17.  Every  bill  shall  be  read  by  its  title,  on  its  first  reading,  in 
either  house,  unless  one-third  of  the  members  present  desire  it  read  by 
sections.  Every  bill  shall  be  read  on  three  several  days  unless  two-thirds 
of  the  members  present  when  such  bill  may  be  pending  shall  deem  it 
expedient  to  dispense  with  this  rule.  Every  bill  shall  be  read  by  its 
sections  on  its  second  reading  and  on  its  final  passage,  unless  on  its 
second  reading  two-thirds  of  the  members  present  in  the  house  where 
such  bill  may  be  pending,  shall  deem  it  expedient  to  dispense  with  this 
rule.  The  Vote  on  the  final  passage  of  every  bill  or  joint  resolution 
shall  be  taken  by  yeas  and  nays  to  be  entered  on  the  journal  of  each 
house : Provided , That  any  general  revision  of  the  entire  laws  embodied 
in  any  bill  shall  not  be  required  to  be  read  by  sections  upon  its  final 
passage,  and  its  reading  may  be  wholly  dispensed  with  by  a two-third 
vote.  A majority  of  the  members  present  in  each  house  shall  be  neces- 
sary to  pass  every  bill  or  joint  resolution,  all  bills  or  joint  resolutions  so 


15S 


passed  shall  be  signed  by  the  presiding  officer  of  the  respective  houses 
and  by  the  secretary  of  the  senate  and  the  clerk  of  the  house  of 
representatives. — Fla.  (1885),  Art.  3 (Arndt.  1896). 

Sec.  7.  Par.  7.  Every  bill,  before  it  shall  pass,  shall  be  read  three 
times,  and  on  three  separate  days,  in  each  house,  unless  in  case  of 
actual  invasion  or  insurrection.  But  the  first  and  second  reading  of 
each  local  bill  and  bank  and  railroad  charters  in  each  house  shall  con- 
sist of  the  reading  of  the  title  only,  unless  said  bill  is  ordered  to  be 
engrossed. — Ga.  (1877),  Art.  3. 

Sec.  15.  No  law  shall  be  passed  except  by  bill,  nor  shall  any  bill  be 
put  upon  its  final  passage  until  the  same,  with  the  amendments  thereto, 
shall  have  been  printed  for  the  use  of  the  members;  nor  shall  any  bill 
become  a law  unless  the  same  shall  have  been  read  on  three  several 
days  in  each  house  previous  to  the  final  vote  thereon : Provided,  In  case 
of  urgency,  two-thirds  of  the  house  where  such  bill  may  be  pending  may, 
upon  a vote  of  the  yeas  and  nays,  dispense  with  this  provision.  On 
the  final  passage  of  all  bills  they  shall  be  read  at  length,  section  by 
section,  and  the  vote  shall  be  by  yeas  and  nays  upon  each  bill  separately, 
and  shall  be  entered  upon  the  journal ; and  no  bill  shall  become  a law 
without  the  concurrence  of  a majoritv  of  the  members  present. — Idaho 
(1889),  Art.  3. 

Sec.  12.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended  or  rejected  by  the  other;  and,  on  the  final  passage  of  all  bills, 
the  vote  shall  Ik1  by  yeas  and  nays,  upon  each  bill  separately,  and  shall 
be  entered  upon  the  journal;  and  no  bill  shall  become  a law  without  the 
concurrence  of  a majority  of  the  members  elected  to  each  house. — 111. 
(1870 1 . Art.  4. 

Sec.  13.  Every  bill  shall  be  read  at  large  on  three  different  days,  in 
each  house;  and  the  bill  and  all  amendments  thereto  shall  be  printed 
before  the  vote  is  taken  on  its  final  passage;  and  every  bill,  having 
passed  both  houses,  shall  be  signed  by  the  speakers  thereof.  No  act 
hereafter  passed  shall  embrace  more  than  one  subject,  and  that  shall 
be  expressed  in  the  title.  But  if  any  subject  shall  be  embraced  in  an 
act  which  shall  not  be  expressed  in  the  title,  such  act  shall  be  void 
only  as  to  so  much  thereof  as  shall  not  be  so  expressed ; and  no  law 
shall  be  revived  or  amended  by  reference  to  its  title  only,  but  the  law 
revived,  or  the  section  amended,  shall  be  inserted  at  length  in  the  new 
act.  And  no  act  of  the  general  assembly  shall  take  effect  until  the  first 
day  of  July  next  after  its  passage,  unless  in  case  of  emergency  (which 
emergency  shall  be  expressed  in  the  preamble  or  body  of  the  act),  the 
general  assembly  shall,  by  a vote  of  two-thirds  of  all  the  members 
elected  to  each  house,  otherwise  direct. — 111.  (1870),  Art.  4. 

Sec.  18.  Every  bill  shall  be  read  by  sections,  on  three  several  days  in 
each  hduse;  unless,  in  case  of  emergency,  two-thirds  of  the  house  where 
such  bill  may  be  depending  shall,  by  a vote  of  yeas  and  nays,  deem  it 
expedient  to  dispense  with  this  rule;  but  the  reading  of  a bill  by  sec- 
tions, on  its  final  passage,  shall  in  no  case  be  dispensed  with  ; and  the 


150 


vote  on  the  passage  of  every  bill  or  joint  resolution  shall  be  taken  by 
yeas  and  nays. — hid.  (1851),  Art.  4. 

Sec.  25.  A majority  of  all  the  members  elected  to  each  house  shall 
be  necessary  to  pass  every  bill  or  joint  resolution;  and  all  bills  and  joint 
resolutions  so  passed  shall  be  signed  by  the  presiding  officers  of  the 
respective  houses. — Ind.  (1851),  Art.  4. 

Sec.  17.  No  bill  shall  be  passed  unless  by  the  assent  of  a majority 
of  all  the  members  elected  to  each  branch  of  the  general  assembly,  and 
the  question  upon  the  final  passage  shall  be  taken  immediately  upon  its 
last  reading  and  the  yeas  and  navs  entered  on  the  journal. — Iowa 
(1857),  Art.  3. 

Sec.  13.  A majority  of  all  the  members  elected  to  each  house,  voting 
in  the  affirmative,  shall  be  necessary  to  pass  any  bill  or  joint  resolution. 
— Kan.  (1859),  Art.  2. 

Sec.  15.  Every  bill  shall  be  read  on  three  separate  days  in  each 
house,  unless  in  case  of  emergency.  Two-thirds  of  the  house  where  such 
bill  is  pending  may  if  deemed  expedient  suspend  the  rules;  but  the  read- 
ing of  the  bill  by  sections  on  its  final  passage,  shall  in  no  case  be  dis- 
pensed with. — Kan.  (1859),  Art.  2. 

Sec.  46.  No  bill  shall  be  considered  for  final  passage,  unless  the  same 
has  been  reported  by  a committee  and  printed  for  the  use  of  the  mem- 
bers. Every  bill  shall  be  read  at  length  on  three  different  days  in  each 
house;  but  the  second  and  third  readings  may  be  dispensed  with  by  a 
majority  of  all  the  members  elected  to  the  house  in  which  the  bill  is 
pending.  But  whenever  a committee  refuses  or  fails  to  report  a bill 
submitted  to  it  in  a reasonable  time,  the  same  may  be  called  up  by  any 
member,  and  be  considered  in  the  same  manner  it  would  have  been  con- 
sidered if  it  had  been  reported.  No  bill  shall  become  a law  unless,  on 
its  final  passage,  it  receives  the  votes  of  at  least  two-fifths  of  the  mem- 
bers elected  to  each  house,  and  a majority  of  the  members  voting,  the 
vote  to  be  taken  by  yeas  and  nays  and  entered  in  the  journal : Provided , 
Any  act  or  resolution  for  the  appropriation  of  money  or  the  creation 
of  debt  shall,  on  its  final  passage,  receive  the  votes  of  a majority  of  all 
the  members  elected  to  each  house. — Ky.  (1891),  Sec.  46. 

Art.  39.  Every  bill  shall  be  read  on  three  different  days  in  each 
house,  and  no  bill  shall  be  considered  for  final  passage  unless  it  has  been 
read  once  in  full,  and  the  same  has  been  reported  on  by  a committee;  nor 
shall  any  bill  become  a law  unless,  on  its  final  passage,  the  vote  be 
taken  by  yeas  and  nays,  the  names  of  the  members  voting  for  or  against 
the  same  be  entered  on  the  journal,  and  a majority  of  the  members  elected 
to  each  house  be  recorded  thereon  as  voting  in  its  favor:  Provided,  That 
bills  revising  the  statutes  or  codes  of  this  state,  or  adopting  a criminal 
code  as  a whole,  shall  be  read  in  such  manner  as  may  be  prescribed  by 
the  general  assembly. — La.  (1898),  Art.  39. 

Art.  40.  No  amendments  to  bills  by  one  house  shall  be  concurred  in 


160 


by  the  other,  nor  shall  reports  of  committees  of  conference  be  adopted 
in  either  house  except  by  a majority  of  the  members  elected  thereto,  the 
vote  to  be  taken  by  yeas  and  nays,  and  the  names  of  those  voting  for  or 
against  recorded  upon  the  journal. — La.  (1898),  Art.  40. 

Art.  57.  No  appropriation  of  money  shall  be  made  by  the  general 
assembly  in  the  last  five  days  of  the  session  thereof.  All  appropria- 
tions, to  be  valid,  shall  be  passed  and  receive  the  signatures  of  the 
president  of  the  senate  and  the  speaker  of  the  house  of  representatives 
five  full  davs  before  the  adjournment  sine  die  of  the  general  assemblv. — 
La.  (1898)  * Art.  57. 

Sec.  28.  No  bill  shall  become  a law  unless  it  be  passed  in  each  house 
by  a majority  of  the  whole  number  of  members  elected,  and  on  its  final 
passage  the  yeas  and  nays  be  recorded ; nor  shall  any  resolution  requir- 
ing the  action  of  both  houses  be  passed  except  in  the  same  manner. — Md. 
(1867),  Art.  3. 

Sec.  20.  Every  bill  shall  be  read  on  three  different  days  in  each 
separate  house,  unless,  in  case  of  urgency,  two-thirds  of  the  house 
where  such  bill  is  depending  shall  deem  it  expedient  to  dispense  with  this 
rule;  and  no  bill  shall  be  passed  by  either  house  until  it  shall  have  been 
previously  read  twice  at  length. — Mina.  (1857),  Art.  4. 

Sec.  22.  No  bill  shall  be  passed  by  either  house  of  the  legislature 
upon  the  day  prescribed  for  the  adjournment  of  the  two  houses.  But 
this  section  shall  not  be  so  construed  as  to  preclude  the  enrollment  of 
a bill,  or  the  signature  and  passage  from  one  house  to  the  other,  or 
the  reports  thereon  from  committees,  or  its  transmission  to  the  executive 
for  his  signature. — Min n.  (1857),  Art.  4. 

Sec.  65.  All  votes  on  the  final  passage  of  any  measure  shall  be  subject 
to  reconsideration  for  at  least  one  whole  legislative  day,  and  no  motion 
to  reconsider  such  vote  shall  be  disposed  of  adversely  on  the  day  on 
which  the  original  vote  was  taken  except  on  the  last  dav  of  the  session. — 
Miss.  (1890),  Art.  4. 

Sec.  70.  No  revenue  bill,  or  any  bill  providing  for  assessments  of 
property  for  taxation,  shall  become  a law  except  by  a vote  of  at  least 
three-fifths  of  the  members  of  each  house  present  and  voting. — Miss. 
(1890),  Art.  4. 

Sec.  31.  No  bill  shall  become  a law,  unless  on  its  final  passage  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  members  voting  for  and 
against  the  same  be  entered  on  the  journal,  and  a majority  of  the  mem- 
bers elected  to  each  house  be  recorded  thereon  as  voting  in  its  favor. — 
Mo.  (1875),  Art.  4. 

Sec.  35.  When  a bill  is  put  upon  its  final  passage  in  either  house, 
and  failing  to  pass,  a motion  is  made  to  reconsider  the  vote  by  which 
it  was  defeated,  the  vote  upon  such  motion  to  reconsider  shall  be 
immediately  taken,  and  the  subject  finally  disposed  of  before  the  house 
proceeds  to  any  other  business. — Mo.  (1875),  Art.  4. 


161 


Sec.  24.  No  bill  shall  become  a law  except  by  a vote  of  a majority  of 
all  the  members  present  in  each  house,  nor  unless  on  its  final  passage, 
the  vote  be  taken  by  ayes  and  noes,  and  the  names  of  those  voting  be 
entered  on  the  journal. — Mont.  (1889),  Art.  5. 

Sec.  10.  The  enacting  clause  of  a law  shall  be,  “Be  it  enacted  by  the 
legislature  of  the  state  of  Nebraska,”  and  no  law  shall  be  enacted  except 
by  bill.  No  bill  shall  be  passed  unless  by  assent  of  a majority  of  all  the 
members  elected  to  each  house  of  the  legislature  and  the  question  upon 
final  passage  shall  be  taken  immediately  upon  its  last  reading  and  the 
yeas  and  nays  shall  be  entered  upon  the  journal. — Neb.  (1875),  Art.  3. 


Sec.  18.  Every  bill  shall  be  read  by  sections  on  three  several  days  in 
each  house,  unless,  in  case  of  emergency,  two-thirds  of  the  house  where 
such  bill  may  be  pending  shall  deem  it  expedient  to  dispense  with  this 
rule;  but  the  reading  of  a bill  by  sections,  on  its  final  passage,  shall  in  no 
case  be  dispensed  with,  and  the  vote  on  the  final  passage  of  every  bill  or 
joint  resolution  shall  be  taken  by  yeas  arid  nays,  to  be  entered  on  the 
journals  of  each  house;  and  a majority  of  all  the  members  elected  to  each 
house  shall  be  necessary  to  pass  every  bill  or  joint  resolution,  and  all 
bills  or  joint  resolutions  so  passed  shall  be  signed  by  the  presiding  officers 
of  the  respective  houses,  and  by  the  secretary  of  the  senate  and  clerk  of 
the  assembly. — Nev.  (1864),  Art.  4. 

6.  All  bills  and  joint  resolutions  shall  be  read  three  times  in  each 
house,  before  the  final  passage  thereof;  and  no  bill  or  joint  resolution 
shall  pass  unless  there  be  a majority  of  all  the  members  of  each  body 
personally  present  and  agreeing  thereto;  and  the  yeas  and  nays  of  the 
members  voting  on  such  final  passage  shall  be  entered  on  the  journal. — 
N.  J.  (1844),  Art.  4,  Sec.  6,  Cl.  6. 

Sec.  15.  No  bill  shall  be  passed  or  become  a law  unless  it  shall  have 
been  printed  and  upon  the  desks  of  the  members,  in  its  final  form,  at 
least  three  calendar  legislative  days  prior  to  its  final  passage,  unless  the 
governor,  or  the  acting  governor,  shall  have  certified  to  the  necessity  of 
its  immediate  passage,  under  his  hand  and  the  seal  of  the  state;  nor 
shall  any  bill  be  passed  or  become  a law,  except  by  the  assent  of  a major- 
ity of  the  members  elected  to  each  branch  of  the  legislature;  and  uj>on 
the  last  reading  of  a bill,  no  amendment  thereof  shall  be  allowed,  and  the 
question  upon  its  final  passage  shall  be  taken  immediately  thereafter, 
and  the  yeas  and  nays  entered  on  the  journal. — N.  Y.  (1894),  Art.  3. 

Sec.  25.  On  the  final  passage,  in  either  house  of  the  legislature,  of  any 
act  which  imposes,  continues  or  revives  a tax,  or  creates  a debt  or  charge, 
or  makes,  continues  or  revives  any  appropriation  of  public  or  trust  money 
or  property,  or  releases,  discharges  or  commutes  any  claim  or  demand  of 
the  state,  the  question  shall  be  taken  by  yeas  and  nays,  which  shall  be 
duly  entered  upon  the  journals,  and  three-fifths  of  all  the  members  elected 
to  either  house  shall,  in  all  such  cases,  be  necessary  to  constitute  a 
quorum  therein. — N.  Y.  (1894),  Art.  3. 

21 — Legislative  Dept. 


162 


Sec.  23.  All  bills  and  resolutions  of  a legislative  nature  shall  be  read 
three  times  in  each  house,  before  they  pass  into  laws ; and  shall  be  signed 
by  the  presiding  officer  of  both  houses. — A7.  C.  (1875),  Art . 2. 

Sec.  58.  No  law  shall  be  passed,  except  by  a bill  adopted  by  both 
houses,  and  no  bill  shall  be  so  altered  and  amended  on  its  passage  through 
either  house  as  to  change  its  original  purpose. — N.  Dak.  (1889),  Art.  2. 

Sec.  63.  Every  bill  shall  be  read  three  several  times,  but  the  first 
and  second  readings,  and  those  only,  may  be  upon  the  same  day;  and 
the  second  reading  may  be  by  title  of  the  bill  unless  a reading  at  length 
be  demanded.  The  first  and  third  readings  shall  be  at  length.  No  legis- 
lative day  shall  be  shorter  than  the  natural  day. — N.  Dak.  (1889),  Art.  2. 

Sec.  65.  No  bill  shall  become  a law  except  by  a vote  of  a majority  of 
all  the  members  elect  in  each  house,  nor  unless,  on  its  final  passage,  the 
vote  be  taken  by  yeas  and  nays,  and  the  names  of  those  voting  be  entered 
on  the  journal. — N.  Dak.  (1889),  Art.  2. 

Sec.  16.  Every  bill  shall  be  fully  and  distinctly  read  on  three  different 
days;  unless  in  case  of  urgency,  three-fourths  of  the  house,  in  which  it 
shall  be  pending,  shall  dispense  with  this  rule.  No  bill  shall  contain  more 
than  one  subject,  which  shall  be  clearly  expressed  in  its  title;  and  no 
law  shall  be  revived,  or  amended,  unless  the  new  act  contains  the  entire 
act  revived,  or  the  section  or  sections  amended;  and  the  section,  or  sec- 
tions, so  amended,  shall  be  repealed. — Ohio  (1851),  AH.  2. 

Sec.  34.  Every  bill  shall  be  read  on  three  different  days  in  each  house, 
and  no  bill  shall  become  a law  unless,  on  its  final  passage,  it  be  read  at 
length,  and  no  law  shall  be  passed  unless  upon  a vote  of  a majority  of 
all  the  members  elected  to  each  house  in  favor  of  such  law;  and  the  ques- 
tion, upon  final  passage,  shall  be  taken  upon  its  last  reading,  and  the 
yeas  and  nays  shall  be  entered  upon  the  journal. — Okla.  (1907),  Art.  5. 

Sec.  19.  Every  bill  shall  be  read  by  sections,  on  three  several  days, 
in  each  house,  unless  in  case  of  emergency,  two-thirds  of  the  house 
where  such  bill  may  be  depending,  shall,  by  a vote  of  yeas  and  nays,  deem 
it  expedient  to  dispense  with  this  rule;  but  the  reading  of  a bill  by  sec- 
tions on  its  final  passage  shall  in  no  case  be  dispensed  with,  and  the 
vote  on  the  passage  of  every  bill  or  joint  resolution  shall  be  taken  by  yeas 
and  nays. — Ore.  (1857),  AH.  4. 

Sec.  25.  A majority  of  all  the  members  elected  to  each  house  shall  be 
necessary  to  pass  every  bill  or  joint  resolution;  and  all  bills  and  joint 
resolutions  so  passed  shall  be  signed  by  the  presiding  officers  of  the  re- 
spective houses. — Ore.  (1857),  Art.  4. 

Sec.  4.  Every  bill  shall  be  read  at  length  on  three  different  days  in 
each  house;  all  amendments  made  hereto  shall  be  printed  for  the  use  of 
the  members  before  the  final  vote  is  taken  on  the  bill,  and  no  bill  shall 
become  a law,  unless,  on  its  final  passage,  the  vote  be  taken  by  yeas  and 
nays,  the  names  of  the  persons  voting  for  and  against  the  same  be  entered 


1G3 


on  the  journal,  and  a majority  of  the  members  elected  to  each  house  be 
recorded  thereon  as  voting  in  its  favor. — Pa.  (1873),  Art.  3. 

Sec.  18.  No  bill  or  joint  resolution  shall  have  the  force  of  law  until  it 
shall  have  been  read  three  times  and  on  three  several  days  in  each  house, 
has  had  the  great  seal  of  the  state  affixed  to  it,  and  has  been  signed  by 
the  president  of  the  senate  and  the  speaker  of  the  house  of  representa- 
tives : Provided , Thht  either  branch  of  the  general  assembly  may  provide 
bv  rule  for  a first  and  third  reading  of  any  bill  or  joint  resolution  by  its 
title  only.— 8.  C.  (1895),  Art.  3. 

Sec.  17.  Every  bill  shall  be  read  three  several  times,  but  the  first  and 
second  reading  may  be  on  the  same  day,  and  the  second  reading  may  be 
by  title  of  the  bill,  unless  the  reading  at  length  be  demanded.  The  first 
and  third  readings  shall  be  at  length. — 8.  D.  (1889),  Art.  3. 

Sec.  18.  Every  bill  shall  be  read  once,  on  three  different  days,  and  be 
passed  each  time  in  the  house  where  it  originated,  before  transmission  to 
the  other.  No  bill  shall  become  a law  until  it  shall  have  been  read  and 
passed,  on  three  different  days  in  each  house,  and  shall  have  received,  on 
its  final  passage  in  each  house,  the  assent  of  a majority  of  all  the  mem- 
bers to  which  that  house  shall  be  entitled  under  this  constitution;  and 
shall  have  been  signed  by  the  respective  speakers  in  open  session,  the 
fact  of  such  signing  to  be  noted  on  the  journal ; and  shall  have  received  the 
approval  of  the  governor,  or  shall  have  been  otherwise  passed  under  the 
provisions  of  this  constitution. — Term.  (1870),  Art.  2. 

Sec.  32.  No  bill  shall  have  the  force  of  a law  until  it  has  been  read  on 
three  several  days  in  each  house,  and  free  discussion  allowed  thereon ; but 
in  cases  of  imperative  public  necessity  (which  necessity  shall  be  stated 
in  a preamble,  or  in  the  body  of  the  bill),  four-fifths  of  the  house  in  which 
the  bill  may  be  pending  may  suspend  this  rule,  the  yeas  and  nays  being 
taken  on  the  question  of  suspension,  and  entered  upon  the  journals. — 
Tex.  (1875),  Art.  3. 

Sec.  22.  No  bill  shall  become  a law  unless  on  its  final  passage  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  members  voting  for 
and  against  the  same  be  entered  on  the  journal  of  each  house,  and  a ma- 
jority of  the  members  elected  to  each  house  be  recorded  thereon  as  voting 
in  its  favor. — Wash.  (1889),  Art.  2. 

Sec.  29.  No  bill  shall  become  a lay  until  it  has  been  fully  and  dis- 
tinctly read,  on  three  different  days,  in  each  house,  unless,  in  case  of 
urgency,  by  a vote  of  four-fifths  of  the  members  present,  taken  by  yeas 
and  na}  s on  each  bill,  this  rule  be  dispensed  with : Provided.  In  all  cases, 
that  an  engrossed  bill  shall  be  fully  and  distinctly  read  in  each  house. — 
W.  Va.  (1872),  Art.  6. 

Sec.  32.  Whenever  the  words,  “a  majority  of  the  members  elected 
to  either  house  of  the  legislature,”  or  words  of  like  import,  are  used 
in  this  constitution,  they  shall  be  construed  to  mean  a majority  of  the 
whole  number  of  members  to  which  each  house  is,  at  the  time,  entitled, 


164 


under  the  apportionment  of  representation,  established  by  the  provisions 
of  this  constitution. — W.  Va.  (1872),  Art.  6. 

Sec.  8.  On  the  passage  in  either  house  of  the  legislature,  of  any 
law  which  imposes,  continues  or  renews  a tax,  or  creates  a debt,  or 
charge,  or  makes,  continues,  or  renews  an  appropriation  of  public,  or 
trust  money,  or  releases,  discharges,  or  commutes  a claim,  or  demand 
of  the  state,  the  question  shall  be  taken  by  yeas  and  nays,  which  shall 
be  duly  entered  on  the  journal ; and  three-fiftlis  of  all  the  members 
elected  to  such  house  shall,  in  all  cases  be  required  to  constitute  a 
quorum  therein. — Wis.  (1898),  Art.  8. 

BILLS  TO  BE  REFERRED,  REPORTED  AND  PRINTED. 

% 

Sec.  62.  No  bill  shall  become  a law  until  it  shall  have  been  referred 
to  a standing  committee  of  each  house,  acted  upon  by  such  committee 
in  session,  and  returned  therefrom,  which  facts  shall  affirmatively  appear 
upon  the  journal  of  each  house. — Ala.  (1901),  Art.  4. 

Sec.  20.  No  bill  shall  be  considered  or  become  a law  unless  referred 
to  a committee,  returned  therefrom  and  printed  for  the  use  of  the 
members. — Colo.  (1876)  , Art.  5. 

Sec.  74.  No  bill  shall  become  a law  until  it  shall  have  been  referred 
to  a committee  of  each  house  and  returned  therefrom  with  a recom- 
mendation in  writing. — Miss.  (1890),  Art.  4. 

Sec.  27.  No  bill  shall  be  considered  for  final  passage  unless  the  same 
has  been  reported  upon  by  a committee  and  printed  for  the  use  of  the 
members. — Mo.  (1875),  Art.  4. 

Sec.  22.  No  bill  shall  be  considered  or  become  a law  unless  referred 
to  a committee,  returned  therefrom  and  printed  for  the  use  of  the 
members. — Mont.  (1889),  Art.  5. 

Sec.  2.  No  bill  shall  be  considered  unless  referred  to  a committee, 
returned  therefrom,  and  printed  for  the  use  of  the  members. — Pa.  (1873), 
Art.  3. 

Sec.  23.  No  bill  shall  be  considered  or  become  a law  unless  referred 
to  a committee,  returned  therefrom  and  printed  for  the  use  of  the 
members. — Wyo.  (1889),  Art.  3. 

Sec.  37.  No  bill  shall  be  considered,  unless  it  has  been  first  referred 
to  a committee  and  reported  thereon;  and  no  bill  shall  be  passed  which 
has  not  been  presented  and  referred  to  and  reported  from  a committee 
at  least  three  days  before  the  final  adjournment  of  the  legislature. — Tex. 
(1875),  Art.  3. 

Sec.  50.  No  law  shall  be  enacted  except  by  bill.  A bill  may  originate 
in  either  house,  to  be  approved  or  rejected  by  the  other,  or  may  be 
amended  by  either,  with  the  concurrence  of  the  other. 

No  bill  shall  become  a law  unless,  prior  to  its  passage,  it  has  been, 


165 


(a)  Referred  to  a committee  of  each  house,  considered  by  such  com- 
mittee in  session,  and  reported; 

(b)  Printed  by  the  house,  in  which  it  originated,  prior  to  its  passage 
therein ; 

(c)  Read  at  length  on  three  different  calendar  days  in  each  house; 
and  unless, 

(d)  A yea  and  nay  vote  has  been  taken  in  each  house  upon  its  final 
passage,  the  names  of  the  members  voting  for  and  against  entered  on 
the  journal,  and  a majority  of  those  voting,  which  shall  include  at  least 
two-fifths  of  the  members  elected  to  each  house,  recorded  in  the  affirma- 
tive. 

And  only  in  the  manner  required  in  subdivision  (d)  of  this  section 
shall  an  amendment  to  a bill  by  one  house  be  concurred  in  by  the  other, 
or  a conference  report  be  adopted  by  either  house,  or  either  house  dis- 
charge a committee  from  the  consideration  of  a bill  and  consider  the  same 
as  if  reported:  Provided , That  the  printing  and  reading,  or  either,  re- 
quired in  subdivisions  (b)  and  (c)  of  this  section,  may  be  dispensed 
with  in  a bill  to  codify  the  laws  of  the  state,  and  in  any  case  of  emerg- 
ency by  a vote  of  four-fifths  of  the  members  voting  in  each  house  taken 
by  the  yeas  and  nays,  the  names  of  the  members  voting  for  and  against, 
entered  on  the  journal:  And,  provided  further,  That  no  bill  which  cre- 
ates, establishes  a new  office,  or  which  creates,  continues,  or  revives  a 
debt  or  charge,  or  makes,  continues  or  revives  any  appropriation  of 
public  or  trust  money,  or  property,  or  releases,  discharges  or  commutes 
any  claim  or  demand  of  the  state,  or  which  imposes,  continues  or  re- 
vives a tax,  shall  be  passed  except  by  the  affirmative  vote  of  a majority 
of  all  the  members  elected  to  each  house,  the  vote  to  be  by  the  yeas  and 
nays,  and  the  names  of  the  members  voting  for  and  against,  entered  on 
the  journal.  Every  law  imposing,  continuing  or  reviving  a tax  shall 
specifically  state  such  tax  and  no  law  shall  be  construed  as  so  stating 
such  tax,  which  requires  a reference  to  any  other  law  or  any  other  tax. 
The  presiding  officer  of  each  house  shall,  in  the  presence  of  the  house 
over  which  he  presides,  sign  every  bill  that  has  been  passed  by  both 
houses  and  duly  enrolled.  Immediately  before  this  is  done,  all  other 
business  being  suspended,  the  title  of  the  bill  shall  be  publicly  read.  The 
fact  of  signing  shall  be  entered  on  the  journal. — Va.  (1902),  Art.  4. 


AMENDMENTS  TO  BILLS. 

Sec.  61.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
the  original  purpose. — Ala.  (1901),  Art.  4. 

Sec.  64.  No  amendment  to  bills  shall  be  adopted  except  by  a majority 
of  the  house  wherein  the  same  is  offered,  nor  unless  the  amendment, 
with  the  names  of  those  voting  for  and  against  the  same,  shall  be  entered 
at  length  on  the  journal  of  the  house  in  which  the  same  is  adopted; 
and  no  amendment  to  bills  by  one  house  shall  be  concurred  in  by  the 
other,  unless  a vote  be  taken  by  yeas  and  nays,  and  the  names  of  the 
members,  voting  for  and  against  the  same  be  recorded  at  length  on  the 
journal;  and  no  report  of  a committee  of  conference  shall  be  adopted 


166 


in  either  house  except  upon  a vote  taken  by  yeas  or  nays  and  entered 
on  the  journal  as  herein  provided  for  the  adoption  of  amendments. — 
Ala . (1901),  Art.  4. 

Sec.  111.  No  bill  introduced  as  a general  law  in  either  house  of  the 
legislature  shall  be  so  amended  on  its  passage  as  to  become  a special, 
private  or  local  law. — Ala.  (1901),  Art.  4. 

Sec.  21.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. — Ark.  (1874),  Art.  5. 

Sec.  17.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. — Colo.  (1876),  Art.  5. 

# 

Sec.  23.  No  amendment  to  any  bill  by  one  house  shall  be  concurred 
in  by  the  other,  nor  shall  the  report  of  any  committee  of  conference 
be  adopted  in  either  house  except  by  a vote  of  a majority  of  the  members 
elected  thereto,  taken  by  ayes  and  noes,  and  the  names  of  those  voting 
recorded  upon  the  journal  thereof. — Colo.  (1876),  Art.  5. 

Sec.  60.  No  bill  shall  be  so  amended  in  its  passage  through  either 
house  as  to  change  its  original  purpose,  and  no  law  shall  be  passed  except 
by  bill ; but  orders,  votes,  and  resolutions  of  both  houses,  affecting  the 
prerogatives  and  duties  thereof,  or  relating  to  adjournment,  to  amend- 
ments to  the  constitution,  to  the  investigation  of  public  officers,  and  the 
like,  shall  not  require  the  signature  of  the  governor;  and  such  resolu- 
tions, orders,  and  votes,  may  empower  legislative  committees  to  admin- 
ister oaths,  to  send  for  persons  and  papers,  and  generally  make  legis- 
lative investigations  effective. — Miss.  (1890),  Art.  4. 

Sec.  62.  No  amendment  to  bills  by  one  house  shall  be  concurred  in 
by  the  other  except  by  a vote  of  the  majority  thereof,  taken  by  yeas  and 
nays  and  the  names  of  those  voting  for  and  against  recorded  upon  the 
journals;  and  reports  of  committees  of  conference  shall  in  like  manner 
be  adopted  in  each  house. — Miss.  (1890),  Art.  4. 

Sec.  25.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  amended  in  its  passage  through  either  house  as  to  change  its  original 
purpose. — Mo.  (1875),  Art.  4. 

Sec.  29.  All  amendments  adopted  by  either  house  to  a bill  pending 
and  originating  in  the  same  shall  be  incorporated  with  the  bill  by  en- 
grossment, and  the  bill  as  thus  engrossed  shall  be  printed  for  the  use 
of  the  members  before  its  final  passage.  The  engrossing  and  printing 
shall  be  under  the  supervision  of  a committee,  whose  report  to  the 
house  shall  set  forth,  in  writing,  that  they  find  the  bill  truly  engrossed, 
and  that  the  printed  copv  furnished  to  the  members  is  correct. — Mo. 
(1875),  Art.  4. 


Sec.  30.  If  a bill  passed  by  either  house  be  returned  thereto,  amended 


1G7 


by  the  other,  the  house  to  which  the  same  is  returned  shall  cause  the 
amendment  or  amendments  so  received  to  be  printed  under  the  same 
supervision  as  provided  in  the  next  preceding  section,  for  the  use  of 
the  members  before  final  action  on  such  amendments. — Mo.  (1875), 
Art.  4. 

Sec.  32.  No  amendment  to  bills  by  one  house  shall  be  concurred  in 
by  the  other,  except  by  a vote  of  a majority  of  the  members  elected 
thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting  for  and 
against  recorded  upon  the  journal  thereof;  and  reports  of  committees 
of  conference  shall  be  adopted  in  either  house  only  by  the  vote  of  a 
majority  of  the  members  elected  thereto,  taken  by  yeas  and  nays,  and 
the  names  of  those  voting  recorded  upon  the  journal. — Mo.  (1875),  Art. 
4. 


Sec.  19.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. — Mont.  (1889),  Art.  5. 

Sec.  1.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be  so 
altered  or  amended,  on  its  passage  through  either  house,  as  to  change 
its  original  purpose. — Pa.  (1873),  Art.  3. 

Sec.  5.  No  amendments  to  bills  by  one  house  shall  be  concurred  in 
by  the  other,  except  by  the  vote  of  a majority  of  the  members  elected 
thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting  for  and 
against  recorded  upon  the  journal  thereof;  and  reports  of  committees  of 
conference  shall  be  adopted  in  either  house  only  by  the  vote  of  a ma- 
jority of  the  members  elected  thereto,  taken  by  yeas  and  nays,  and  the 
names  of  those  voting  recorded  upon  the  journals. — Pa.  (1873)  , Art.  3. 

Sec.  30.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be  so 
amended  in  its  passage  through  either  house  as  to  change  its  original 
purpose. — Tex.  (1875),  Art.  3. 

Sec.  38.  No  amendment  to  anv  bill  shall  change  the  scope  or  object 
of  the  bill. — Wash.  (1889),  Art.  2. 

Sec.  31.  When  a bill  or  joint  resolution  passed  by  one  house,  shall  be 
amended  by  the  other,  the  question  on  agreeing  to  the  bill,  or  joint  reso- 
lution, as  amended,  shall  be  again  voted  on,  by  yeas  and  nays,  in  the 
house  by  which  it  was  originally  passed,  and  the  result  entered  upon  its 
journals;  in  all  such  cases  the  affirmative  vote  of  a majority  of  all  the 
members  elected  to  such  house  shall  be  necessary. — W.  Va.  (1872),  Art.  6. 

Sec.  20.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. — Wyo.  (1889),  Art.  3. 


168 


MEMBERS  INTERESTED  NOT  TO  VOTE. 

Sec.  82.  A member  of  the  legislature  who  has  a personal  or  private 
interest  in  any  measure  or  bill  proposed  or  pending  before  the  legislature, 
shall  disclose  the  fact  to  the  house  of  which  he  is  a member,  and  shall 
not  vote  thereon. — Ala.  (1901),  Art.  4. 

Sec.  43.  A member  who  has  a personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  general  assembly,  shall 
disclose  the  fact  to  the  house  of  which  he  is  a member,  and  shall  not 
note  thereon. — Colo.  (1876),  Art.  5. 

Sec.  20.  Any  member  of  the  general  assembly  who  has  a personal 
or  private  interest  in  any  measure  or  bill  pending  in  the  general  as- 
sembly shall  disclose  the  fact  to  the  house  of  which  he  is  a member 
and  shall  not  vote  thereon. — Del.  (1897),  Art.  2. 

Sec.  57.  A member  who  has  a personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  general  assembly,  shall 
disclose  the  fact  to  the  house  of  which  he  is  a member,  and  shall  not 
vote  thereon  upon  pain  of  expulsion. — Ky.  (1891),  Sec.  57. 

Art.  52.  Any  member  of  the  general  assembly  who  has  a personal 
or  private  interest  in  any  measure,  or  bill  proposed,  or  pending  before 
the  general  assembly,  shall  disclose  the  fact  to  the  house  of  which  he 
is  a member,  and  shall  not  vote  thereon. — La.  (1898),  Art.  52. 

Sec.  44.  A member  who  has  a personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  legislative  assembly  shall 
disclose  the  fact  to  the  house  of  which  he  is  a member,  and  shall  not 
vote  thereon. — Mont.  (1889),  Art.  5. 

Sec.  43.  Any  member  who  has  a personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  legislative  assembly,  shall 
disclose  the  fact  to  the  house  of  which  he  is  a member,  and  shall  not  vote 
thereon  without  the  consent  of  the  house. — N.  Dak.  (1889),  Art.  2. 

Sec.  24.  A member  of  the  legislature,  who  has  a personal  or  private 
interest  in  any  measure  or  bill,  proposed  or  pending  before  the  legis- 
lature, shall  disclose  the  fact  to  the  house  of  which  he  is  a member,  and 
shall  not  vote  thereon. — Okla.  (1907),  Art.  5. 

Sec.  33.  A member  who  has  a personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  general  assembly,  shall 
disclose  the  fact  to  the  house  of  which  he  is  a member  and  shall  not 
vote  thereon. — Pa.  (1873),  Art.  3. 

Sec.  22.  A member  who  has  a personal  or  private  interest  in  any 
measure  or  bill,  proposed  or  pending  before  the  legislature,  shall  dis- 
close the  fact  to  the  house  of  which  he  is  a member,  and  shall  not  vote 
thereon. — Tex.  (1875),  Art.  3. 


169 


Sec.  46.  A member  who  has  a personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  legislature  shall  dis- 
close the  fact  to  the  house  of  which  he  is  a member,  and  shall  not  vote 
thereon. — Wyo.  (1889),  Art.  3. 


REJECTED  BILLS. 

Sec.  19.  After  a bill  has  been  rejected,  no  bill  containing  the  same 
substance  shall  be  passed  into  a law  during  the  same  session. — Tenn. 
(1870),  Art.  2. 

Sec.  34.  After  a bill  has  been  considered  and  defeated  by  either 
house  of  the  legislature,  no  bill  containing  the  same  substance  shall  be 
passed  into  a law  during  the  same  session.  After  a resolution  has  been 
acted  on  and  defeated,  no  resolution  containing  the  same  substance 
shall  be  considered  at  the  same  session. — Tex.  (1875),  Art.  3. 


AUTHENTICATION  OF  BILLS  PASSED. 

Sec.  66.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  legislature,  after  the  same  shall  have  been  publicly  read 
at  length  immediately  before  signing,  and  the  fact  of  reading  and  sign- 
ing shall  be  entered  upon  the  journal;  but  the  reading  at  length  may 
be  dispensed  with  by  a two-thirds  vote  of  a quorum  present,  which  fact 
shall  also  be  entered  on  the  journal. — Ala.  (1901),  Art.  4. 

Sec.  26.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  general  assembly,  after  their  titles  shall  have  been  publicly 
read,  immediately  before  signing;  and  the  fact  of  the  signing  shall  be 
entered  on  the  journal. — Colo.  (1876),  Art.  5. 

Sec.  7.  Par.  13.  All  acts  shall  be  signed  by  the  president  of  the 
senate  and  the  speaker  of  the  house  of  representatives,  and  no  bill, 
ordinance  or  resolution  intended  to  have  the  effect  of  law,  which  shall 
have  been  rejected  by  either  house,  shall  be  again  proposed  during  the 
same  session,  under  the  same  or  any  other  title,  without  the  consent 
of  two-thirds  of  the  house  by  which  the  same  was  rejected. — Ga.  (1877), 
Art.  3. 


Sec.  21.  All  bills  or  joint  resolutions  passed  shall  be  signed  by  the 
presiding  officers  of  the  respective  houses. — Idaho  (1889),  Art.  3. 

Sec.  56.  No  bill  shall  become  a law  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  each  of  the  two  houses  in  open  session ; 
and  before  such  officer  shall  have  affixed  his  signature  to  any  bill,  he 
shall  suspend  all  other  business,  declare  that  such  bill  will  now  be  read, 
and  that  he  will  sign  the  same  to  the  end  that  it  may  become  a law. 
The  bill  shall  then  be  read  at  length  and  compared;  and,  if  correctly  en- 
22 — Legislative  Dept. 


170 


rolled,  he  shall,  in  presence  of  the  house  in  open  session,  and  before 
any  other  business  is  entertained,  affix  his  signature,  which  fact  shall  be 
noted  in  the  journal,  and  the  bill  immediately  sent  to  the  other  house. 
When  it  reaches  the  other  house,  the  presiding  officer  thereof  shall  imme- 
diately suspend  all  other  business,  announce  the  reception  of  the  bill, 
and  the  same  proceeding  shall  thereupon  be  observed  in  every  respect  as 
in  the  house  in  which  it  was  first  signed.  And  thereupon  the  clerk  of 
the  latter  house  shall  immediately  present  the  same  to  the  governor  for 
his  signature  and  approval. — Ky.  (1881),  Sec.  56. 

Art.  41.  Whenever  a bill  that  has  been  passed  by  both  houses  has 
been  enrolled  and  placed  in  possession  of  the  house  in  which  it  origi- 
nated, the  title  shall  be  read,  and,  at  the  request  of  any  five  members, 
the  bill  shall  be  read  in  full,  when  the  speaker  of  the  house  of  repre- 
sentatives or  the  president  of  the  senate,  as  the  case  may  be,  shall  at 
once,  sign  it  in  open  house,  and  the  fact  of  signing  shall  be  noted  on 
the  journal ; thereupon  the  clerk  or  secretary  shall  immediately  convey 
the  bill  to  the  other  house,  whose  presiding  officer  shall  cause  a suspension 
of  all  other  business  to  read  and  sign  the  bill  in  open  session  and  with- 
out delay.  As  soon  as  bills  are  signed  by  the  speaker  of  the  house  and 
president  of  the  senate,  they  shall  be  taken  at  once,  and  on  the  same 
day,  to  the  governor  by  the  clerk  of  the  house  of  representatives  or 
secretary  of  the  senate. — La.  (1S98),  Art.  41. 

Sec.  21.  Every  bill  having  passed  both  houses  shall  be  carefully 
enrolled,  and  shall  be  signed  by  the  presiding  officer,  of  each  house. 
Any  presiding  officer  refusing  to  sign  a bill  which  shall  have  previous- 
ly passed  both  houses  shall  thereafter  be  incapable  of  holding  a seat 
in  either  branch  of  the  legislature,  or  hold  any  other  office  of  honor 
or  profit  in  the  state,  and  in  case  of  such  refusal,  each  house  shall, 
by  rule,  provide  the  manner  in  which  such  bill  shall  be  properly  certi- 
fied for  presentation  to  the  governor. — Minn.  (1857),  Art.  4. 

Sec.  37.  No  bill  shall  be  come  a law  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  each  of  the  two  houses  in  open  session; 
and  before  such  officer  shall  affix  his  signature  to  any  bill,  he  shall 
suspend  all  other  business,  declare  that  such  bill  now  be  read,  and 
that,  if  no  objections  be  made,  he  will  sign  the  same  to  the  end  that  it 
may  become  a law.  The  bill  shall  then  be  read  at  length,  and  if  no 
objection  be  made,  he  shall,  in  presence  of  the  house,  in  open  session, 
and  before  any  other  business  is  entertained,  affix  his  signature,  which 
fact  shall  be  noted  on  the  journal,  and  the  bill  immediately  sent  to  the 
other  house.  When  it  reaches  the  other  house,  the  presiding  officer 
thereof  shall  immediately  suspend  all  other  business,  announce  the 
reception  of  the  bill,  and  the  same  proceedings  shall  thereupon  be  ob- 
served, in  every  respect,  as  in  the  house  in  which  it  was  first  signed. 
If  in  either  house  any  member  shall  object  that  any  substitution,  omis- 
sion or  insertion  has  occurred,  so  that  the  bill  proposed  to  be  signed 
is  not  the  same  in  substance  and  form  as  when  considered  and  passed 
by  the  house,  or  that  any  particular  clause  of  this  article  of  the  con- 
stitution has  been  violated  in  its  passage,  such  objection  shall  be  passed 
upon  by  the  house,  and  if  sustained,  the  presiding  officer  shall  withold 


171 


his  signature;  but  if  such  objection  shall  not  be  sustained,  then  any  five 
members  may  embody  the  same,  over  their  signatures,  in  a written  pro- 
test, under  oath,  against  the  signing  of  the  bill.  Said  protest,  when 
offered  in  the  house,  shall  be  noted  upon  the  journal,  and  the  original 
shall  be  annexed  to  the  bill  to  be  considered  by  the  governor  in  con- 
nection therewith. — Mo.  (1875),  Art.  4. 

Sec.  27.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  legislative  assembly  immediately  after  their  titles  have 
been  publicly  read,  and  the  fact  of  signing  shall  be  at  once  entered 
upon  the  journal. — Mont.  (1889),  Art.  5. 

Sec.  66.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  legislative  assembly;  immediately  before  such  signing 
their  title  shall  be  publicly  read  and  the  fact  of  signing  shall  be  at 
once  entered  on  the  journal. — N.  Dak.  (1889),  Art.  2. 

i 

Sec.  17.  The  presiding  officer  of  each  house  shall  sign,  publicly  in  the 
presence  of  the  house  over  which  he  presides,  while  the  same  is  in  ses- 
sion, and  capable  of  transacting  business,  all  bills  and  joint  resolutions 
passed  by  the  general  assembly. — Ohio  (1851),  Art.  2. 

Sec.  35.  The  presiding  officer  of  each  house  shall,  in  the  presence  of 
the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  legislature,  immediately  after  the  same  shall  have  been 
publicly  read  at  length,  and  the  fact  of  reading  and  signing  shall  be 
entered  upon  the  journal,  but  the  reading  at  length  may  be  dispensed 
with  by  a two-thirds  vote  of  a quorum  present,  which  vote,  by  yeas  and 
nays,  shall  also  be  entered  upon  the  journal. — Okla.  (1907),  Art.  5. 

Sec.  9.  The  presiding  officer  of  each  house  shall,  in  the  presence  of 
the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions, 
passed  by  the  general  assembly,  after  their  titles  have  been  publicly 
read  immediately  before  signing;  and  the  fact  of  signing  shall  be  entered 
on  the  journal. — Pa.  (1873),  Art.  3. 

Sec.  19.  The  presiding  officer  of  each  house  shall  in  the  presence  of 

the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 

passed  by  the  legislature,  after  their  titles  have  been  publicly  read 
immediately  before  signing,  and  the  fact  of  signing  shall  be  entered 
upon  the  journal. — S.  D.  (1889),  Art.  3. 

Sec.  38.  The  presiding  officer  of  each  house  shall,  in  the  presence  of 

the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 

passed  by  the  legislature,  after  their  titles  have  been  publicly  read  be- 
fore signing;  and  the  fact  of  signing  shall  be  entered  on  the  journals. — 
Tex.  (1875),  Art.  3. 

Sec.  24.  The  presiding  officer  of  each  house,  in  the  presence  of  the 
house  over  which  he  presides,  shall  sign  all  bills  and  joint  resolutions 


172 


passed  by  the  legislature,  after  their  titles  have  been  publicly-  read 
immediately  before  signing,  and  the  fact  of  such  signing  shall  be  entered 
upon  the  journal. — Utah  (1896),  Art.  6. 

Sec.  32.  No  bill  shall  be  come  law  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  each  of  the  two  houses  in  open  session, 
and  under  such  rules  as  the  legislature  shall  prescribe. — Wash.  (1889), 
Art.  2. 

Sec.  28.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  legislature  immediately  after  their  titles  have  been  publicly 
read,  and  the  fact  of  signing  shall  be  at  once  entered  upon  the  journal. — 
Wyo.  (1889),  Art.  3. 


OBJECT  OF  LAW;  TITLE;  TAKING  EFFECT. 

(24)  Sec.  20.  No  law  shall  embrace  more  than  one  object , which 
shall  be  expressed  in  its  title.  No  public  act  shall  take  effect  or  be  in 
force  until  the  expiration  of  ninety  days  from  the  end  of  the  session  at 
which  the  same  is  passed,  unless  the  legislature  shall  otherwise  direct , by 
a tico-thirds  vote  of  the  members  elected  to  each  house. — Mich.  (1850), 
Art.  4. 


Sec.  24.  Every  act  shall  embrace  but  one  subject,  which  subject  shall 
be  expressed  in  its  title.  But  if  any  subject  shall  be  embraced  in  an  act 
which  shall  not  be  expressed  in  its  title,  such  act  shall  be  void  only  as 
to  so  much  thereof  as  shall  not  be  expressed  in  its  title.  No  law  shall 
be  revised  or  amended  by  reference  to  its  title;  but  in  such  case  the  act 
revised  or  section  amended  shall  be  re-enacted  and  published  at  length 
as  revised  or  amended;  and  all  laws  of  the  state  of  California,  and  all 
official  writings,  and  the  executive,  legislative,  and  judicial  proceedings, 
shall  be  conducted,  preserved,  and  published  in  no  other  than  the  English 
language. — Cal.  (1880),  Art.  4. 

Sec.  19.  No  act  of  the  general  assembly  shall  take  effect  until  ninety 
days  after  its  passage  (except  in  case  of  emergency,  which  shall  be  ex- 
pressed in  the  act),  unless  the  general  assembly  shall,  by  a vote  of  two- 
thirds  of  all  the  members  elected  to  each  house,  otherwise  direct.  No 
bill,  except  the  general  appropriation  bill  for  the  expenses  of  the  govern- 
ment only,  introduced  in  either  house  of  the  general  assembly  after  the 
first  thirty  days  of  the  session,  shall  become  a law. — Colo.  (1876),  Art.  5. 

Sec.  21.  No  bill  except  general  appropriation  bills  shall  be  passed 
containing  more  than  one  subject,  which  shall  be  clearly  expressed  in  its 
title;  but  if  any  subject  shall  be  embraced  in  any  act  which  shall  not  be 
expressed  in  the  title,  such  act  shall  be  void  only  to  so  much  thereof 
as  shall  not  be  so  expressed. — Colo.  (1876),  Art.  5. 

Sec.  16.  No  bill  or  joint  resolution,  except  bills  appropriating  money 
for  public  purposes,  shall  embrace  more  than  one  subject,  which  shall  be 
expressed  in  its  title. — Del.  (1897),  Art.  2. 


173 


Sec.  16.  Each  law  enacted  in  the  legislature  shall  embrace  but  one 
subject  and  matter  properly  connected  therewith,  which  subject  shall  be 
briefly  expressed  in  the  title;  and  no  law  shall  be  amended  or  revised  by 
reference  to  its  title  only ; but  in  such  case  the  act,  as  revised,  or  section, 
as  amended,  shall  be  re-enacted  and  published  at  length. — Fla.  (1885), 
Art.  3. 


Sec.  18.  No  law  shall  take  effect  until  sixty  days  from  the  final  ad- 
journment of  the  session  of  the  legislature  at  which  it  may  have  been 
enacted,  unless,  otherwise  specially  provided  in  such  law. — Fla.  (1885), 
Art.  3. 

Sec.  30.  Laws  making  appropriations  for  the  salaries  of  public  officers 
and  other  current  expenses  of  the  state  shall  contain  provisions  on  no 
other  subject. — Fla.  (1885),  Art.  3. 

Sec.  7.  Par.  8.  No  law  or  ordinance  shall  pass  which  refers  to  more 
than  one  subject-matter,  or  contains  matter  different  from  what  is  ex- 
pressed in  the  title  thereof. — Ga.  (1877),  Art.  3. 

Sec.  16.  Every  act  shall  embrace  but  one  subject  and  matters  properly 
connected  therewith,  which  subject  shall  be  expressed  in  the  title;  but  if 
any  subject  shall  be  embraced  in  an  act  which  shall  not  be  expressed 
in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not 
be  embraced  in  the  title. — Idaho  (1889),  Art.  3. 

Sec.  22.  No  act  shall  take  effect  until  sixty  days  from  the  end  of  the 
session  at  which  the  same  shall  have  been  passed,  except  in  case  of 
emergency,  which  emergency  shall  be  declared  in  the  preamble  or  in  the 
body  of  the  law. — Idaho  (1889),  Art.  3. 

Sec.  16.  The  general  assembly  shall  make  no  appropriation  of  money 
out  of  the  treasury  in  any  private  law.  Bills  making  appropriations 
for  the  pay  of  members  and  officers  of  the  general  assembly,  and  for  the 
salaries  of  the  officers  of  the  government  shall  contain  no  provision  on 
any  other  subject. — -III.  (1870),  Art.  4. 

Sec.  19.  Every  act  shall  embrace  but  one  subject,  and  matters  prop- 
erly connected  therewith ; which  subject  shall  be  expressed  in  the  title. 
But  if  any  subject  shall  be  embraced  in  an  act,  wThich  shall  not  be  ex- 
pressed in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as 
shall  not  be  expressed  in  the  title. — Ind.  (1851),  Art.  4. 

Sec.  25.  No  law  shall  be  passed,  the  taking  effect  of  which  shall  be 
made  to  depend  upon  any  authority,  except  as  provided  in  this  constitu- 
tion.— Ind.  (1851),  Art.  1. 

Sec.  28.  No  act  shall  take  effect  until  the  same  shall  have  been  pub- 
lished and  circulated  in  the  several  counties  of  this  state,  by  authority, 
except  in  case  of  emergency;  which  emergency  shall  be, declared  in  the 
preamble  or  in  the  body  of  the  law. — Ind.  (1851),  Art.  4. 


174 


Sec.  26.  No  law’  of  the  general  assembly,  passed  at  a regular  session, 
of  a public  nature,  shall  take  effect  until  the  fourth  day  of  July  next, 
after  the  passage  thereof.  Laws  passed  at  a special  session  shall  take 
effect  ninety  days  after  the  adjournment  of  the  general  assembly  by 
which  they  were  passed.  If  the  general  assembly  shall  deem  any  law 
of  immediate  importance,  they  may  provide  that  the  same  shall  take 
effect  by  publication  in  newspapers  in  the  state. — Iowa  (1857),  Art.  3. 

Sec.  29.  Every  act  shall  embrace  but  one  subject,  and  matters  properly 
connected  therewith;  which  subject  shall  be  expressed  in  the  title.  But 
if  any  subject  shall  be  embraced  in  an  act  which  shall  not  be  expressed 
in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not 
be  expressed  in  the  title. — Iowa  (1857),  Art.  3. 

Sec.  16.  No  bill  shall  contain  more  than  one  subject,  which  shall  be 
clearly  expressed  in  its  title,  and  no  law  shall  be  revived  or  amended 
unless  the  new  act  contain  the  entire  act  revived,  or  the  section  or  sec- 
tions amended,  and  the  section  or  sections  so  amended  shall  be  repealed. 
— Kan.  (1859),  Art.  2. 

Sec.  19.  The  legislature  shall  prescribe  the  time  when  its  acts  shall 
be  in  force,  and  shall  provide  for  the  speedy  publication  of  the  same;  and 
no  law  of  a general  nature  shall  be  in  force  until  the  same  be  published. 
It  shall  have  the  power  to  provide  for  the  election  or  appointment  of  all 
officers  and  the  filling  of  all  vacancies  not  otherwise  provided  for  in  the 
constitution. — Kan.  (1S59),  Art.  2. 

Sec.  51.  No  law  enacted  by  the  general  assembly  shall  relate  to  more 
than  one  subject,  and  that  shall  be  expressed  in  the  title,  and  no  law 
shall  be  revised,  amended,  or  the  provisions  thereof  extended  or  conferred 
by  reference  to  its  title  only,  but  so  much  thereof  as  is  revised,  amended, 
extended  or  conferred,  shall  be  re-enacted  and  published  at  length. — Ky. 
(1891),  Sec.  51. 

Sec.  55.  No  act,  except  general  appropriation  bills,  shall  become  a law 
until  ninety  days  after  the  adjournment  of  the  session  at  which  it  was 
passed,  except  in  cases  of  emergency,  when,  by  the  concurrence  of  a ma- 
jority of  the  members  elected  to  each  house  of  the  general  assembly,  by 
a yea  and  nay  vote  entered  upon  their  journals,  an  act  may  become  a 
law  when  approved  by  the  governor;  but  the  reasons  for  the  emergency 
that  justifies  this  action  must  be  set  out  at  length  in  the  journal  of  each 
house. — Ky.  (1891),  See.  55. 

Art.  31.  Every  law  enacted  by  the  general  assembly  shall  embrace 
but  one  object,  and  that  shall  be  expressed  in  its  title. — La.  (189S), 
Art.  31. 


Sec.  42.  No  law  passed  by  the  general  assembly,  except  the  general 
appropriation  act,  or  act  appropriating  money  for  the  expenses  of  the 
general  assembly,  shall  take  effect  until  promulgated.  Laws  shall  be 
considered  promulgated  at  the  place  where  the  state  journal  is  published, 
the  day  after  the  publication  of  such  law  in  the  state  journal,  and  in  all 


175 


other  parts  of  the  state  twenty  days  after  such  publication.  The  state 
journal  shall  be  published  at  the  capital. — La.  (1898),  Sec.  42. 

Sec.  31.  No  law  passed  by  the  general  assembly  shall  take  effect  until 
the  first  day  of  June  next  after  the  session  at  which  it  may  be  passed, 
unless  it  be  otherwise  expressly  declared  therein. — Md.  (1867),  Art.  3. 

Sec.  27.  No  law  shall  embrace  more  than  one  subject,  which  shall  be 
expressed  in  its  title. — Minn.  (1857),  Art.  4. 

Sec.  71.  Every  bill  introduced  into  the  legislature  shall  have  a title, 
and  the  title  ought  to  indicate  clearly  the  subject  matter  or  matters  of  the 
proposed  legislation.  Each  committee  to  which  a bill  may  be  referred 
shall  express,  in  writing,  its  judgment  of  the  sufficiency  of  the  title  of  the 
bill,  and  this,  too,  whether  the  recommendation  be  that  the  bill  do  pass 
or  do  not  pass. — Miss.  (1890),  Art.  4. 

Sec.  75.  No  law  of  a general  nature,  unless  therein  otherwise  pro- 
vided, shall  be  enforced  until  sixtv  davs  after  its  passage. — Miss . (1890), 
Art.  4. 


Sec.  28.  No  bills  (except  general  appropriation  bills,  which  may 
embrace  the  various  subjects  and  accounts  for  and  on  account  of  which 
moneys  are  appropriated,  and  except  bills  passed  under  the  third  sub- 
division of  section  forty-four  of  this  article)  shall  contain  more  than  one 
subject,  which  shall  be  clearly  expressed  in  its  title. — Mo.  (1875),  Art.  4. 

Sec.  36.  No  law  passed  by  the  general  assembly,  except  the  general 
appropriation  act,  shall  take  effect  or  go  into  force  until  ninety  days 
after  the  adjournment  of  the  session  at  which  it  was  enacted,  unless  in 
case  of  an  emergency  (which  emergency  must  be  expressed  in  the  pre- 
amble or  in  the  body  of  the  act),  the  general  assembly  shall,  by  a vote 
of  two-thirds  of  all  the  members  elected  to  each  house,  otherwise  direct; 
said  vote  to  be  taken  by  yeas  and  nays,  and  entered  upon  the  journal. — 
Mo.  (1875),  Art.  4. 

Sec.  23.  No  bill,  except  general  appropriation  bills,  and  bills  for  the 
codification  and  general  revision  of  the  laws,  shall  be  passed  containing 
more  than  one  subject  which  shall  be  clearly  expressed  in  its  title;  but 
if  any  subject  shall  be  embraced  in  any  act  which  shall  not  be  expressed 
in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall 
not  be  so  expressed. — Mont.  (1889),  Art.  5. 

Sec.  v33.  The  general  appropriation  bills  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  legislative,  executive 
and  judicial  departments  of  the  state,  interest  on  the  public  debt  and 
for  public  schools.  All  other  appropriations  shall  be  made  by  separate 
bills,  each  embracing  but  one  subject. — Mont.  (1889),  Art.  5. 

Sec.  11.  Every  bill  and  concurrent  resolution  shall  be  read  at  large 
on  three  different  days  in  each  house,  and  the  bill  and  all  amendments 
thereto  shall  be  printed  before  the  vote  is  taken  upon  its  final  passage. 


No  bill  shall  contain  more  than  one  subject,  and  the  same  shall  be 
clearly  expressed  in  its  title.  And  no  law  shall  be  amended  unless  the 
new  act  contain  the  section  or  sections  so  amended  and  the  section  or 
sections  so  amended  shall  be  repealed.  The  presiding  officer  of  each 
house  shall  sign  in  the  presence  of  the  house  over  which  he  presides, 
while  the  same  is  in  session  and  capable  of  transacting  business,  all 
bills  and  concurrent  resolutions  passed  by  the  legislature. — Neb.  (1875), 
Art.  3. 


Sec.  19.  Each  legislature  shall  make  appropriations  for  the  expenses 
of  the  government  until  the  expiration  of  the  first  fiscal  quarter  after  the 
adjournment  of  the  next  regular  session,  and  all  appropriations  shall 
end  with  such  fiscal  quarter.  And  whenever  it  is  deemed  necessary  to 
make  further  appropriations  for  deficiencies,  the  same  shall  require  a 
two-thirds  vote  of  all  the  members  elected  to  each  house,  and  shall  not 
exceed  the  amount  of  revenue  authorized  by  law  to  be  raised  in  such 
time.  Bills  making  appropriations  for  the  pay  of  members  and  officers 
of  the  legislature,  and  for  the  salaries  of  the  officers  of  the  government, 
shall  contain  no  provision  on  any  other  subject. — Neb.  (1875),  Art.  3. 

Sec.  24.  No  act  shall  take  effect  until  three  calendar  months  after  the 
adjournment  of  the  session  at  which  it  passed,  unless  in  case  of  emerg- 
ency, to  be  expressed  in  the  preamble  or  body  of  the  act,  the  legislature 
shall,  by  a vote  of  two-thirds  of  all  the  members  elected  to  each  house, 
otherwise  direct.  All  laws  shall  be  published  in  book  form  within  sixty 
days  after  the  adjournment  of  each  session  and  distributed  among  the 
several  counties  in  such  manner  as  the  legislature  may  provide. — Neb. 
(1875),  Art.  3. 

Sec.  17.  Each  law  enacted  by  the  legislature  shall  embrace  but  one 
subject,  and  matter  properly  connected  therewith,  which  subject  shall 
be  briefly  expressed  in  the  title ; and  no  law  shall  be  revised  or  amended 
by  reference  to  its  title  only;  but,  in  such  case,  the  act  as  revised,  or 
section  as  amended,  shall  be  re-enacted  and  published  at  length. — Nev. 
(1864),  Art.  4. 

4.  To  avoid  improper  influences  which  may  result  from  intermixing 
in  one  and  the  same  act  such  things  as  have  no  proper  relation  to  each 
other,  every  law  shall  embrace  but  one  object,  and  that  shall  be  expressed 
in  the  title.  No  law  shall  be  revived  or  amended  by  reference  to  its  title 
only;  but  the  act  revived,  or  the  section  or  sections  amended,  shall  be 
inserted  at  length.  No  general  law  shall  embrace  any  provision  of  a 
private,  special  or  local  character.  No  act  shall  be  passed  which  shall 
provide  that  any  existing  law,  or  any  part  thereof,  shall  be  made  or 
deemed  a part  of  the  act,  or  which  shall  enact  that  any  existing  law, 
or  any  part  thereof,  shall  be  applicable,  except  by  inserting  it  in  such 
act. — N.  J.  (1844),  Art.  4,  Sec.  7,  Cl.  4. 

Sec.  16.  No  private  or  local  bill,  which  may  be  passed  by  the  legis- 
lature, shall  embrace  more  than  one  subject,  and  that  shall  be  ex- 
pressed in  the  title. — N.  Y.  (1894),  Art.  3. 


Sec.  61.  No  bill  shall  embrace  more  than  one  subject,  which  shall  be 
expressed  in  its  title,  but  a bill  which  violates  this  provision  shall  be 
invalidated  thereby  only  as  to  so  much  thereof  as  shall  not  be  so  ex- 
pressed.— N.  Dak.  (1889),  Art.  2. 

Sec.  62.  The  general  appropriation  bill  shall  embrace  nothing  but  ap- 
propriations for  the  expenses  of  the  executive,  legislative  and  judicial 
departments  of  the  state,  interest  on  the  public  debt,  and  for  public 
schools.  All  other  appropriations  shall  be  made  by  separate  bills,  each 
embracing  but  one  subject. — N.  Dak.  (1889),  Art.  2. 

Sec.  67.  No  act  of  the  legislative  assembly  shall  take  effect  until 
July  first,  after  the  close  of  the  session,  unless  in  case  of  emergency 
(which  shall  be  expressed  in  the  preamble  or  body  of  the  act)  the  legis- 
lative assembly  shall,  by  a vote  of  two-thirds  of  all  the  members  present 
in  each  house,  otherwise  direct. — N.  Dak.  (1889),  Art.  2. 

Sec.  57.  Every  act  of  the  legislature  shall  embrace  but  one  subject, 
which  shall  be  clearly  expressed  in  its  title,  except  general  appropria- 
tion bills,  general  revenue  bills,  and  bills  adopting  a code,  digest,  or 
revision  of  statutes;  and  no  law  shall  be  revived,  amended,  or  the  pro- 
visions thereof  extended  or  conferred,  by  reference  to  its  title  only; 
but  so  much  thereof  as  is  revived,  amended,  extended,  or  conferred  shall 
be  re-enacted  and  published  at  length : Provided , That  if  any  subject  be 
embraced  in  any  act  contrary  to  the  provisions  of  this  section,  such  act 
shall  be  void  only  as  to  so  much  of  the  law  as  may  not  be  expressed  in 
the  title  thereof. — Okla.  (1907),  Art.  5. 

Sec.  58.  No  act  shall  take  effect  until  ninety  days  after  the  adjourn- 
ment of  the  session  at  which  it  was  passed,  except  enactments  for  carry- 
into  effect  provisions  relating  to  the  initative  and  referendum,  or  a 
general  appropriation  bill,  unless,  in  case  of  emergency,  to  be  expressed 
in  the  act,  the  legislature,  by  a vote  of  two-thirds  of  all  members  elected 
to  each  house,  so  directs.  An  emergency  measure  shall  include  only 
such  measures  as  are  immediately  necessary  for  the  preservation  of 
the  public  peace,  health,  or  safety,  and  shall  not  include  the  granting 
of  franchises  or  license  to  a corporation  or  individual,  to  extend  longer 
than  one  year,  nor  provision  for  the  purchase  or  sale  of  real  estate,  nor 
the  renting  or  encumbrance  of  real  property  for  a longer  term  than  one 
year.  Emergency  measures  may  be  vetoed  by  the  governor,  but  such 
measures  so  vetoed  may  be  passed  by  a three-fourths  vote  of  the  house, 
to  be  duly  entered  on  the  journal. — Okla.  (1907),  Art.  5. 

Sec.  20.  Every  act  shall  embrace  but  one  subject,  and  matters  prop- 
erly connected  therewith,  which  subjects  shall  be  expressed  in  * the 
title.  But  if  any  subject  shall  be  embraced  in  an  act  which  shall  not 
be  expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  expressed  in  the  title. — Ore.  (1857),  Art.  4. 

Sec.  28.  No  act  shall  take  effect  until  ninety  days  from  the  end  of 
the  session  at  which  the  same  shall  have  been  passed,  except  in  case  of 
23 — Legislative  Dept. 


178 


emergency;  which  emergency  shall  be  declared  in  the  preamble  or  in 
the  body  of  the  law. — Ore.  (1857),  Art.  4. 

Sec.  7.  Laws  making  appropriations  for  the  salaries  of  public  offi- 
cers and  other  current  expenses  of  the  state,  shall  contain  provisions 
upon  no  other  subject. — Ore.  (1857),  Art.  9. 

Sec.  3.  No  bills,  except  general  appropriation  bills,  shall  be  passed, 
containing  more  than  one  subject,  which  shall  be  clearly  expressed  in 
its  title.— Pa.  (1873),  Art.  3. 

Sec.  15.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  executive,  legislative 
and  judicial  departments  of  the  commonwealth,  interest  on  the  public 
debt,  and  for  public  schools;  all  other  appropriations  shall  be  made  by 
separate  bills,  each  embracing  but  one  subject. — Pa.  (1873),  Art.  3. 

Sec.  17.  Every  act  or  resolution  having  the  force  of  law  shall  relate 
to  but  one  subject,  and  that  shall  be  expressed  in  the  title. — 8.  O.  (1895), 
Art.  3. 

Sec.  21.  No  law  shall  embrace  more  than  one  subject,  which  shall  be 
expressed  in  its  title. — 8.  D.  (1889),  Art.  3. 

Sec.  22.  No  act  shall  take  effect  until  ninety  days  after  the  adjourn- 
ment of  the  session  at  which  it  passed,  unless  in  case  of  emergency  (to 
be  expressed  in  the  preamble  or  body  of  the  act),  the  legislature  shall 
byva  vote  of  two-thirds  of  all  the  members  elected  of  each  house  other- 
wise direct. — 8.  D.  (1889),  Art.  3. 

Sec.  20.  The  style  of  the  laws  of  this  state  shall  be,  “Be  it  enacted  by 
the  general  assembly  of  the  state  of  Tennessee.”  No  law  of  a general 
nature  shall  take  effect  until  forty  days  after  its  passage,  unless  the 
same  or  the  caption  shall  state  that  the  public  welfare  requires  that  it 
should  take  effect  sooner. — Tcnn.  (1870),  Art.  2. 

Sec.  35.  No  bill  (except  general  appropriation  bills,  which  may  em- 
brace the  various  subjects  and  accounts  for  and  on  account  of  which 
moneys  are  appropriated)  shall  contain  more  than  one  subject,  which 
shall  be  expressed  in  its  title.  But  if  any  subject  shall  be  embraced  in  an 
act  which  shall  not  be  expressed  in  the  title,  such  act  shall  be  void  only 
as  to  so  much  thereof  as  shall  not  be  so  expressed. — Tex . (1875),  AH.  3. 

Sec.  39.  No  law  passed  by  the  legislature,  except  the  general  appro- 
priation act,  shall  take  effect  or  go  into  force  until  ninety  days  after  the 
adjournment  of  the  session  at  which  it  was  enacted,  unless,  in  case  of  an 
emergency,  which  emergency  must  be  expressed  in  a preamble  or  in  the 
body  of  the  act,  the  legislature  shall,  by  a vote  of  two-thirds  of  all  the 
members  elected  to  each  house,  otherwise  direct;  said  vote  to  be  taken 
by  yeas  and  nays,  and  entered  upon  the  journals. — Tex.  (1875),  Art.  3. 


179 


Sec.  23.  Except  general  appropriation  bills,  and  bills  for  the  codi- 
fication and  general  revision  of  laws,  no  bill  shall  be  passed  containing 
more  than  one  subject,  which  shall  be  clearly  expressed  in  its  title. — 
Utah  (1896),  Art.  6. 

Sec.  25.  Al1/  acts  shall  be  officially  published,  and  no  act  shall  take 
effect  until  so  published,  nor  until  sixty  days  after  the  adjournment  of 
the  session  at  wilich  it  passed,  unless  the  legislature  by  a vote  of  two- 
thirds  of  all  the  members  elected  to  each  house,  shall  otherwise  direct. 
— Utah  (1896),  Art.  6. 

Sec.  52.  No  law  shall  embrace  more  than  one  object,  which  shall  be 
expressed  in  its  title;  nor  shall  any  law  be  revived  or  amended  with 
reference  to  its  title,  but  the  act  revived  or  the  section  amended  shall 
be  re-enacted  and  published  at  length. — Va.  (1902),  Art.  4. 

Sec.  53.  No  law,  except  a general  appropriation  law,  shall  take 
effect  until  at  least  ninety  days  after  the  adjournment  of  the  session 
of  the  general  assembly  at  which  it  is  enacted,  unless  in  case  of  an 
emergency  (which  emergency  shall  be  expressed  in  the  body  of  the  bill), 
the  general  assembly  shall  otherwise  direct  by  a vote  of  four-fifths  of 
the  members  voting  in  each  house,  such  vote  to  be  taken  by  the  yeas 
and  nays,  and  the  names  of  the  members  voting  for  and  against  entered 
on  the  journal. — Va.  (1902),  Art.  4. 

Sec.  19.  No  bill  shall  embrace  more  than  one  subject,  and  that  shall 
be  expressed  in  the  title. — Wash.  (1889),  Art.  2. 

Sec.  31.  No  law,  except  appropriation , bills,  shall  take  effect  until 
ninety  days  after  the  adjournment  of  the  session  at  which  it  was  en- 
acted, unless  in  case  of  an  emergency  (which  emergency  must  be  ex- 
pressed in  the  preamble  or  in  the  body  of  the  act)  the  legislature  shall 
otherwise  direct  by  vote  of  tw^o-thirds  of  all  the  members  elected  to  each 
house;  said  vote  to  be  taken  by  yeas  and  nays  and  entered  on  the  jour- 
nals.— Wash.  (1889),  Art.  2. 

Sec.  30.  No  act  hereafter  passed  shall  embrace  more  than  one  ob- 
ject, and  that  shall  be  expressed  in  the  title.  But  if  any  object  shall  be 
embraced  in  an  act  which  is  not  so  expressed,  the  act  shall  be  void  only 
as  to  so  much  thereof  as  shall  not  be  expressed,  and  no  law  shall  be 
revived,  or  amended,  by  reference  to  its  title  only;  but  the  law  revived, 
or  the  section  amended,  shall  be  inserted  at  large,  in  the  new  act.  And 
no  act  of  the  legislature,  except  such  as  may  be  passed  at  the  first  ses- 
sion under  this  constitution,  shall  take  effect  until  the  expiration  of 
ninety  days  after  its  passage,  unless  the  legislature  shall  by  a vote 
of  two-thirds  of  the  members  elected  to  each  house,  taken  by  yeas  and 
nays,  otherwise  direct. — W.  Va.  (1872),  Art.  6. 

42.  Bills  making  appropriations  for  the  pay  of  members  and  offi- 
cers of  the  legislature,  and  for  salaries  for  the  officers  of  the  government, 
shall  contain  no  provision  on  any  other  subject. — W.  Va.  (1872),  Art.  6. 


180 


Sec.  18.  No  private  or  local  bill  which  may  be  passed  by  the  legis- 
lature shall  embrace  more  than  one  subject,  and  that  shall  be  expressed 
in  the  title. — Wis.  (1878),  Art.  4. 

Sec.  24.  No  bill,  except  general  appropriation  bills  and  bills  for  the 
codification  and  general  revision  of  the  laws,  shall  be  passed  contain- 
ing more  than  one  subject,  which  shall  be  clearly  expressed  in  its  title; 
but  if  any  subject  is  embraced  in  any  act  which  is  not  expressed  in  the 
title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not  be 
so  expressed. — Wyo.  (1889),  Art.  3. 


EXTRA  COMPENSATION  PROHIBITED. 

(25)  Sec.  21.  The  legislature  shall  not  grant  nor  authorize  extra 
compensation  to  any  public  officer , agent  or  contractor,  after  the  service 
has  been  rendered  or  the  contract  entered  into. — Mich.  (1850),  Art.  4. 

Sec.  68.  The  legislature  shall  have  no  power  to  grant,  or  to  authorize 
or  require  any  county  or  municipal  authority  to  grant,  nor  shall  any 
county  or  municipal  authority  have  power  to  grant,  any  extra  compen- 
sation, fee  or  allowance  to  any  public  officer,  servant  or  employe,  agent 
or  contractor,  after  service  shall  have  been  rendered  or  contract  made; 
nor  to  increase  or  decrease  the  fees  and  compensation  of  such  officers, 
during  their  terms  of  office;  nor  shall  any  officer  of  the  state  bind  the 
state  to  the  payment  of  any  sum  of  money,  but  by  authority  of  law: 
Provided,  This  section  shall  not  apply  to  allowances  made  by  commis- 
sioners’ court,  or  boards  of  revenue  to  county  officers  for  ex-officio 
services,  nor  prevent  the  legislature  from  increasing  or  diminishing  at  , 
any  time  the  allowance  to  sheriffs  or  other  officers  for  feeding,  trans- 
ferring or  guarding  prisoners. — Ala.  (1901),  Art.  4. 

Sec.  27.  No  extra  compensation  shall  be  made  to  any  officer,  agent, 
employe  or  contractor  after  the  service  shall  have  been  rendered  or  the 
contract  made;  nor  shall  any  money  be  appropriated  or  paid  on  any 
claim,  the  subject  matter  of  which  shall  not  have  been  provided  for  by 
pre-existing  laws;  unless  such  compensation  or  claim  be  allowed  by 
bill  passed  bv  two-thirds  of  the  members  elected  to  each  branch  of  the 
general  assembly. — Ark.  (1874),  Art.  5. 

V 

Sec.  32.  The  legislature  shall  have  no  power  to  grant,  or  authorize 
any  county  or  municipal  authority  to  grant,  any  extra  compensation  or 
allowance  to  any  public  officer,  agent,  servant,  or  contractor,  after  service 
has  been  rendered,  or  a contract  has  been  entered  into  and  performed, 
in  whole  or  in  part;  nor  to  pay,  or  to  authorize  the  payment  of,  any 
claim  hereafter  created  against  the  state,  or  any  county  or  municipality 
of  the  state,  under  any  agreement  or  contract  made  without  express 
authority  of  law;  and  all  such  unauthorized  agreements  or  contracts 
shall  be  null  and  void. — Cal.  (1880),  Art.  4. 

Sec.  28.  No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant  or  employe,  agent  or  contractor,  after  services 


181 


shall  have  been  rendered  or  contract  made,  nor  providing  for  the  pay-, 
ment  of  any  claim  made  against  the  state  without  previous  authority 
of  law.— Co lo.  (1876),  Art.  5. 

Art.  24.  Neither  the  general  assembly  nor  any  county,  city,  borough, 
town,  or  school  district  shall  have  power  to  pay  or  grant  any  extra  com- 
pensation to  any  public  officer,  employe,  agent,  or  servant,  or  increase 
the  compensation  of  any  public  officer  or  employe,  to  take  effect  during 
the  continuance  in  office  of  any  person  whose  salary  might  be  increased 
thereby,  or  increase  the  nay  of  compensation  of  any  public  contractor 
above  the  amount  specified  in  the  contract. — Conn.  (1818),  Amdt.  Art.  24. 

Sec.  11.  No  extra  compensation  shall  be  paid  to  any  officer,  agent, 
employe,  or  contractor  after  the  service  shall  have  been  rendered,  or 
the  contract  made;  nor  shall  any  money  be  appropriated  or  paid  on 
any  claim,  the  subject  matter  of  which  shall  not  have  been  provided 
for  by  pre-existing  laws,  unless  such  compensation  or  claim  be  allowed 
by  bill  passed  by  two-thirds  of  the  members  elected  to  each  house  of 
the  legislature. — Fla.  (1885)  , Art.  16. 

Sec.  16.  Par.  2.  The  general  assembly  shall  not  grant  or  authorize 
extra  compensation  to  any  public  officer,  agent  or  contractor,  after  the 
service  has  been  rendered,  or  the  contract  entered  into. — Ga.  (1877), 
Art.  7. 

Sec.  19.  The  general  assembly  shall  never  grant  or  authorize  extra 
compensation,  fee  or  allowance  to  any  public  officer,  agent,  servant  or 
contractor,  after  service  has  been  rendered  or  a contract  made,  nor 
authorize  the  payment  of  any  claim,  or  part  thereof,  hereafter  created 
against  the  state  under  any  agreement  or  contract  made  without  ex- 
press authority  of  law;  and  all  such  unauthorized  agreements  or  con- 
tracts shall  be  null  and  void : Provided,  The  general  assembly  may 

make  appropriations  for  expenditures  incurred  in  suppressing  insur- 
rection or  repelling  invasion. — III.  (1870),  Art.  4. 

Sec.  31.  No  extra  compensation  shall  be  made  to  any  officer,  public 
agent,  or  contractor,  after  the  service  shall  have  been  rendered,  or  the 
contract  entered  into;  nor  shall  any  money  be  paid  on  any  claim,  the 
subject-matter  of  which  shall  not  have  been  provided  for  by  pre-existing 
laws,  and  no  public  money  or  property  shall  be  appropriated  for  local 
or  private  purposes,  unless  such  appropriation,  compensation,  or  claim 
be  allowed  by  two-thirds  of  the  members  elected  to  each  branch  of  the 
general  assembly. — Iowa  (1857),  Art.  3. 

Sec.  96.  The  legislature  shall  never  grant  extra  compensation,  fee, 
or  allowance,  to  any  public  officer,  agent,  servant,  or  contractor,  after 
service  rendered  or  contract  made,  nor  authorize  payment,  or  part  pay- 
ment, of  any  claim  under  any  contract  not  authorized  by  law;  but 
appropriations  may  be  made  for  expenditures  in  repelling  invasion,  pre- 
venting or  suppressing  insurrections. — Miss.  (1890),  Art.  4. 

Sec.  48.  The  general  assembly  shall  have  no  power  to  grant,  or  to 


182 


authorize  any  county  or  municipal  authority  to  grant  any  extra  com- 
pensation, fee  or  allowance  to  a public  officer,  agent,  servant  or  con- 
tractor, after  service  has  been  rendered  or  a contract  has  been  entered 
into  and  performed  in  whole  or  in  part,  nor  pay  nor  authorize  the  pay- 
ment of  any  claim  hereafter  created  against  the  state,  or  any  county 
or  municipality  of  the  state,  under  any  agreement  or  contract  made 
•without  express  authority  of  law;  and  all  such  unauthorized  agree- 
ments or  contracts  shall  be  null  and  void. — Mo.  (1875),  Art.  4. 

Sec.  29.  No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant  or  employe,  agent  or  contractor,  after  services 
shall  have  been  rendered  or  contract  made,  nor  providing  for  the  pay- 
ment of  any  claim  made  against  the  state  without  previous  authority  of 
law,  except  as  may  be  otherwise  provided  herein. — Mont.  (1889),  Art.  5. 

Sec.  16.  The  legislature  shall  never  grant  any  extra  compensation  to 
any  public  officer,  agent,  servant,  or  contractor  after  the  services  shall 
have  been  rendered  or  the  contract  entered  into.  Nor  shall  the  com- 
pensation of  any  public  officer  be  increased  or  diminished  during  his 
term  of  office. — Neb.  (1875),  Art.  3. 

Sec.  28.  The  legislature  shall  not,  nor  shall  the  common  council  of 
any  city,  nor  any  board  of  supervisors,  grant  any  extra  compensation 
to  any  public  officer,  servant,  agent  or  contractor. — 2VT.  Y.  (1884)  , Art.  3. 

Sec.  29.  No  extra  compensation  shall  be  made  to  any  officer,  public 
agent,  or  contractor,  after  the  service  shall  have  been  rendered,  or  the 
contract  entered  into;  nor  shall  any  money  be  paid,  on  any  claim,  the 
subject-matter  of  which  shall  not  have  been  provided  for  by  pre-existing 
law,  unless  such  compensation,  or  claim,  be  allowed  by  two-thirds  of 
the  members  elected  to  each  branch  of  the  general  assembly. — Ohia 
(1851),  Art.  2. 

Sec.  11.  No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant,  employe,  agent  or  contractor  after  services 
shall  have  been  rendered  or  contract  made,  nor  providing  for  the  pay- 
ment of  any  claim  against  the  commonwealth  without  previous  au- 
thority of  law. — Pa.  (1873),  AH.  3. 

Sec.  30.  The  general  assembly  shall  never  grant  extra  compensation, 
fee  or  allowance  to  any  public  officer,  agent,  servant  or  contractor  after 
service  rendered,  or  contract  made,  nor  authorize  payment  or  part  pay- 
ment of  any  claim  under  any  contract  not  authorized  by  law ; but  ap- 
propriations may  be  made  for  expenditures  in  repelling  invasion,  pre- 
venting or  suppressing  insurrection. — 8.  C.  (1895),  Art.  3. 

Sec.  44.  The  legislature  shall  provide  by  law  for  the  compensation 
of  all  officers,  servants,  agents  and  public  contractors,  not  provided  for 
in  this  constitution,  but  shall  not  grant  extra  compensation  to  any 
officer,  agent,  servant  or  public  contractors,  after  such  public  service 
shall  have  been  performed  or  contract  entered  into  for  the  performance 
of  the  same;  nor  grant,  by  appropriation  or  otherwise,  any  amount  of 


183 


money  out  of  the  treasury  of  the  state,  to  any  individual,  on  a claim, 
real  or  pretended,  when  the  same  shall  not  have  been  provided  for 
by  pre-existing  law ; nor  employ  any  one  in  the  name  of  the  state  unless 
authorized  by  pre-existing  law. — Tex.  (1875),  Art.  3. 

Sec.  53.  The  legislature  shall  have  no  power  to  grant,  or  to  author- 
ize any  county  or  municipal  authority  to  grant,  any  extra  compensa- 
tion,' fee  or  allowance  to  a public  officer,  agent,  servant  or  contractor, 
after  service  has  been  rendered,  or  a contract  has  been  entered  into, 
and  performed  in  "whole  or  in  part;  nor  pay,  nor  authorize  the  payment 
of,  any  claim  created  against  any  county  or  municipality  of  the  state, 
under  anv  agreement  or  contract  made  without  authority  of  law. — 
Tex.  (1875),  Art.  3. 

Sec.  30.  The  legislature  shall  have  no  power  to  grant,  or  authorize 
any  county  or  municipality  authority  to  grant,  any  extra  compensa- 
tion, fee  or  allowance  to  any  public  officer,  agent,  servant  or  contractor, 
after  service  has  been  rendered  or  a contract  has  been  entered  into  and 
performed  in  whole  or  in  part,  nor  pay  or  authorize  the  payment  of  any 
claim  hereafter  created  against  the  state,  or  any  county  or  municipality 
of  the  state,  under  any  agreement  or  contract  made  without  authority 
of  law  : Provided . That  this  section  shall  not  apply  to  claims  incurred 
by  public  officers  in  the  execution  of  the  laws  of  the  state.— Utah  (1896), 
Art.  6. 


Sec.  25.  The  legislature  shall  never  grant  any  extra  compensation 
to  any  public  officer,  agent,  servant  or  contractor  after  the  services  shall 
have  been  rendered  or  the  contract  entered  into,  nor  shall  the  compen- 
sation of  any  public  officer  be  increased  or  diminished  during  his  term 
of  office. — Wash.  (1889),  Art.  2. 

Sec.  38.  No  extra  compensation  shall  be  granted  or  allowed  to  any 
public  officer,  agent,  servant  or  contractor,  after  the  services  shall  have 
been  rendered  or  the  contract  made;  nor  shall  any  legislature  authorize 
the  payment  of  any  claim  or  part  thereof,  hereafter  created  against  the 
state,  under  any  agreement  or  contract  made,  without  express  authority 
of  law;  and  all  such  unauthorized  agreements  shall  be  null  and  void. 
Nor  shall  the  salary  of  any  public  officer  be  increased  or  diminished 
during  his  term  of  office,  nor  shall  any  such  officer,  or  his  or  their  sure- 
ties be  released  from  any  debt  or  liability  due  the  state : Provided , The 
legislature  may  make  appropriations  for  expenditures  hereafter  incurred 
in  suppressing  insurrection,  or  repelling  invasion. — W.  Va.  (1872), 
Art.  6. 

Sec.  26.  The  legislature  shall  never  grant  any  extra  compensation  to 
any  public  officer,  agent,  servant,  or  contractor,  after  the  services  shall 
have  been  rendered,  or  the  contract  entered  into;  nor  shall  the  com- 
pensation of  any  public  officer  be  increased,  or  diminished  during  his 
term  of  office.—' Wis.  (1878),  Art.  k 5,  Sec.  26. 

Sec.  30.  No  bill  shall  be  passed  giving  any  extra  compensation  to 


184 


any  public  officer,  servant  or  employe,  agent  or  contractor,  after  services 
are  rendered  or  contract  made. — Wyo.  (1889),  AH.  3. 

Sec.  32.  Except  as  otherwise  provided  in  this  constitution,  no  law 
shall  extend  the  term  of  any  public  officer  or  increase  or  diminish  his 
salary  or  emolument  after  his  election  or  appointment;  but  this  shall 
not  be  construed  to  forbid  the  legislature  from  fixing  the  salaries  or 
emoluments  of  those  officers  first  elected  or  appointed  under  this  con- 
stitution, if  such  salaries  or  emoluments  are  not  fixed  bv  its  provisions. 
— Wyo.  (1889),  Art.  3. 

STATE  CONTRACTS. 

(26)  Sec.  22.  The  legislature  slwll  provide  by  law  that  the  furnish- 
ing of  fuel  and  stationery  for  the  use  of  the  state,  the  printing  and 
binding  the  laws  and  journals , all  blanks,  paper  and  printing  for  the 
executive  departments  and,  all  other  printing  ordered  by  the  legislature , 
shall  be  let  by  contract  to  the  lowest  bidder  or  bidders , who  shall  give 
adequate  and  satisfactory  security  for  the  performance  thereof.  The 
legislature  shall  prescribe  by  law  the  manner  in  which  the  state  print- 
ing shall  be  executed , and  the  accounts  rendered  therefor ; and  shall 
prohibit  all  charges  for  constructive  labor.  They  shall  not  rescind  nor 
alter  such  contract , nor  release  the  person  or  persons  taking  the  same , 
or  his  or  their  sureties,  from  the  performance  of  any  of  the  conditions 
of  the  contract.  No  member  of  the  legislature  nor  officer  of  the  state 
shall  be  interested  directly  or  indirectly  in  any  such  contract. — Mich. 
(1850),  Art.  4. 

Sec.  69.  All  stationery,  printing,  paper  and  fuel  used  in  the  legis- 
lative and  other  departments  of  government,  shall  be  furnished,  and 
the  printing,  binding  and  distribution  of  laws,  journals,  department  re- 
ports and  all  other  printing,  binding  and  repairing,  and -furnishing  the 
halls  and  rooms  used  for  the  meeting  of  the  legislature  and  its  com- 
mittees, shall  be  performed,  under  contract,  to  be  given  to  the  lowest 
responsible  bidder  below  a maximum  price,  and  under  such  regulations 
as  shall  be  prescribed  by  law;  no  member  or  officer  of  any  department 
of  the  government  shall  be  in  any  way  interested  in  such  contracts,  and 
all  such  contracts  shall  be  subject  to  the  approval  of  the  governor, 
auditor  and  treasurer. — Ala.  (1901),  Art . 4. 

Sec.  15.  All  stationery,  printing,  paper,  fuel,  for  the  use  of  the  gen- 
eral assembly  and  other  departments  of  government,  shall  be  furnished, 
and  the  printing,  binding  and  distributing  of  the  laws,  journals,  de- 
partment reports  and  all  other  printing  and  binding  and  the  repairing 
and  furnishing  the  halls  and  rooms  used  for  the  meetings  of  the  gen- 
eral assembly  and  its  committees,  shall  be  performed  under  contract 
to  be  given  to  the  lowest  responsible  bidder,  below  such  maximum  price 
and  under  such  regulations  as  shall  be  prescribed  by  law.  No  member 
or  officer  of  any  department  of  the  government  shall  in  any  way  be 
interested  in  such  contracts,  and  all  such  contracts  shall  be  subject  to 
the  approval  of  the  governor,  auditor  and  treasurer. — Ark.  (1874), 
Art.  19. 


185 


Sec.  29.  All  stationery,  printing,  paper  and  fuel  used  in  the  legisla- 
ture and  other  departments  of  government,  shall  be  furnished;  and  the 
printing  and  binding  and  distributing  of  the  laws,  journals,  department 
reports,  and  other  printing  and  binding;  and  the  repairing  and  furnish- 
ing the  halls  and  rooms  used  for  the  meeting  of  the  general  assembly 
and  its  committees,  shall  be  performed  under  contract;  to  be  given  to 
the  lowest  responsible  bidder,  below  such  maximum  price  and  under 
such  regulations  as  may  be  prescribed  by  law.  No  member  or  officer 
of  any  department  of  the  government  shall  be  in  any  way  interested  in 
any  such  contract;  and  all  such  contracts  shall  be  subject  to  the  ap- 
proval of  the  governor  and  state  treasurer. — Colo.  (1876),  Art.  5. 

Sec.  8.  All  stationery,  printing,  paper  and  fuel  used  in  the  legisla- 
tive and  other  departments  of  government  shall  be  furnished,  and  the 
printing,  binding  and  distributing  of  the  laws,  journals,  official  reports, 
and  all  other  printing  and  binding,  and  the  repairing  and  furnishing 
the  halls  and  rooms  used  for  the  meetings  of  the  general  assembly  and 
its  committees,  shall  be  performed  under  contract  to  be  given  to  the 
lowest  responsible  bidder  below  such  maximum  price  and  under  such 
regulations  as  shall  be  prescribed  by  law.  Such  bids  shall  be  opened 
in  the  presence  of  the  persons  making  the  bids  or  their  representatives. 

No  member  or  officer  of  any  department  of  the  government  shall  be 
in  any  way  interested  in  any  such  contract  when  awarded  to  or  by  any 
such  member,  officer  or  department. — Del.  (1897),  Art.  15. 

Sec.  17.  Par.  1.  The  office  of  the  state  printer  shall  cease  with  the 
expiration  of  the  term  of  the  present  incumbent,  and  the  general  as- 
sembly shall  provide,  by  law,  for  letting  the  public  printing  to  the 
lowest  responsible  bidder,  or  bidders,  who  shall  give  adequate  and 
satisfactory  security  for  the  faithful  performance  thereof.  No  mem- 
ber of  the  general  assembly,  or  other  public  officer,  shall  be  interested, 
either  directly  or  indirectly,  in  any  such  contract. — Ga.  (1877),  Art.  7. 

Sec.  25.  The  general  assembly  shall  provide,  by  law,  that  the  fuel, 
stationery  and  printing  paper  furnished  for  the  use  of  the  state;  the 
copying,  printing,  binding  and  distributing  the  laws  and  journals,  and 
all  other  printing  ordered  by  the  general  assembly,  shall  be  let  by 
contract  to  the  lowest  responsible  bidder;  but  the  general  assembly  shall 
fix  a maximum  price;  and  no  member  thereof,  or  other  officer  of  the 
state,  shall  be  interested,  directly  or  indirectly,  in  such  contract.  But 
all  such  contracts  shall  be  subject  to  the  approval  of  the  governor,  and 
if  he  disapproves  the  same,  there  shall  be  a reletting  of  the  contract, 
in  such  manner  as  shall  be  prescribed  by  law. — III.  (1870),  Art.  4. 

Sec.  4.  All  public  printing  shall  be  done  by  the  state  printer,  who 
shall  be  elected  by  the  people  at  the  election  held  for  state  officers  in 
November,  1906,  and  every  two  years  thereafter,  at  the  election  held 
for  state  officers,  and  shall  hold  his  office  for  two  years  and  until  his 
successor  shall  be  elected  and  qualified. — Kan.  (1859),  Art.  15  (Amdt. 
1904). 

Sec.  247.  The  printing  and  binding  of  the  laws,  journals,  department 
U 24 — Legislative  Dept. 


186 


reports,  and  all  other  public  printing  and  binding,  shall  be  performed 
under  contract,  to  be  given  to  the  lowest  responsible  bidder,  below  such 
maximum  and  under  such  regulations  as  may  be  prescribed  by  law. 
No  member  of  the  general  assembly,  or  officer  of  the  commonwealth, 
shall  be  in  any  way  interested  in  any  such  contract;  and  all  such  con- 
tracts shall  be  subject  to  the  approval  of  the  governor. — Kxj.  (1891), 
Sec.  247. 

Art.  44.  All  stationery,  printing,  paper  and  fuel  used  in  the  legis- 
lative and  other  departments'  of  government  shall  be  furnished,  and  the 
printing,  binding  and  distribution  of  the  laws,  journals  and  department 
reports,  and  all  other  printing  and  binding,  and  the  repairing  and  fur- 
nishing of  the  halls  and  rooms  used  for  the  meetings  of  the  general 
assembly  and  its  committees,  shall  be  done  under  contract,  to  be  given 
to  the  lowest  responsible  bidder  below  such  maximum  price  and  under 
such  regulations  as  shall  be  prescribed  by  law. 

No  member  or  officer  of  any  of  the  departments  of  the  government 
shall  be  in  any  way  interested  in  the  contracts;  and  all  such  contracts 
shall  be  subject  to  the  approval  of  the  governor,  the  president  of  the 
senate  and  speaker  of  the  house  of  representatives,  or  of  any  two  of 
them.— La.  (1898),  Art.  44. 

Sec.  107.  All  stationery,  printing,  paper,  and  fuel,  used  by  the  legis- 
lature, and  other  departments  of  the  government,  shall  be  furnished, 
and  the  printing  and  binding  of  the  laws,  journals,  department  reports, 
and  other  printing  and  binding,  and  the  repairing  and  furnishing  the 
halls  and  rooms  used  for  the  meeting  of  the  legislature  and  its  commit- 
tees, shall  be  ]>erformed  under  contract,  to  be  given  to  the  lowest  re- 
sponsible bidder,  below  such  maximum  and  under  such  regulations  as 
may  be  prescribed  by  law.  No  member  of  the  legislature  or  officer  of 
any  department  shall  be  in  any  way  interested  in  such  contract,  and 
all  such  contracts  shall  be  subject  to  the  approval  of  the  governor  and 
state  treasurer.  Miss.  (1890),  Art.  4. 

Sec.  30.  All  stationery,  printing,  paper,  fuel  and  lights  used  in  the 
legislative  and  other  departments  of  government,  shall  be  furnished, 
and  the  printing,  and  binding  and  distribution  of  the  laws,  journals, 
and  department  reports  and  other  printing  and  binding,  and  the  re- 
pairing and  furnishing  the  halls  and  rooms  used  for  the  meeting  of  the 
legislative  assembly,  and  its  committees  shall  be  performed  under  con- 
tract, to  be  given  to  the  lowest  responsible  bidder,  below  such  maximum 
price  and  under  such  regulations  as  may  be  prescribed  by  law.  No 
member  or  officer  of  the  government  shall  be  in  any  way  interested 
in  any  such  contract;  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  governor  and  state  treasurer. — Mont.  (1889),  Art.  5. 

Sec.  2.  The  printing  of  the  laws,  journals,  bills,  legislative  documents, 
and  papers  for  each  branch  of  the  general  assembly,  with  the  printing 
required  for  the  executive  and  other  departments  of  state,  shall  be 
let,  on  contract,  to  the  lowest  responsible  bidder,  by  such  executive 
officers,  and  in  such  manner,  as  shall  be  prescribed  by  law. — Ohio  (1851), 
Art.  15. 


187 


Sec.  8.  All  stationery  required  for  the  use  of  the  state  shall  be  fur- 
nished by  the  lowest  responsible  bidder,  under  such  regulations  as 
may  be  prescribed  by  law.  But  no  state  officer,  or  member  of  the  legis- 
lative assembly  shall  be  interested  in  any  bid  or  contract  for  furnish- 
ing such  stationery. — Ore.  (1857),  Art.  9. 

Sec.  1.  Laws  may  be  enacted  providing  for  the  state  printing  and 
binding,  and  for  the  election  or  appointment  of  a state  printer,  who 
shall  have  had  not  less  than  ten  years*  experience  in  the  art  of  print- 
ing. The  state  printer  shall  receive  such  compensation  as  may  from 
time  to  time  be  provided  by  law.  Until  such  laws  shall  be  enacted  the 
state  printer  shall  be  elected  and  the  printing  done  as  heretofore  pro- 
vided by  this  constitution  and  the  general  laws. — Ore.  (1857),  Art.  12 
( Amdt . 1906.) 

Sec.  12.  All  stationery,  printing,  paper  and  fuel  used  in  the  legisla- 
tive and  other  departments  of  government  shall  be  furnished  and  the 
printing,  binding  and  distributing  of  the  laws,  journals,  department 
reports  and  all  other  printing  and  binding,  and  the  repairing  and  fur- 
nishing the  halls  and  rooms  used  for  the  meetings  of  the  general  as- 
sembly and  its  committees  shall  be  performed  under  contract  to  be 
given  to  the  lowest  responsible  bidder  below  such  maximum  price  and 
under  such  regulations  as  shall  be  prescribed  by  law;  no  member  or 
officer  of  any  department  of  the  government  shall  be  in  any  way  in- 
terested in  such  contracts,  and  all  such  contracts  shall  be  subject  to 
the  approval  of  the  governor,  auditor  general  and  state  treasurer. — 
Pa,  (1873),  Art.  3. 

Sec.  5.  The  printing  of  the  laws,  journals,  bills,  legislative  docu- 
ments and  papers  for  each  branch  of  the  general  assembly,  with  the 
printing  required  for  the  executive  and  other  departments  of  the  state, 
«hall  be  let,  on  contract,  in  such  manner  as  shall  be  prescribed  bv  law. — 
£.  C.  (1895),  Art.  17. 

Sec.  21.  All  stationery  and  printing,  except  proclamations  and  such 
printing  as  may  be  done  at  the  deaf  and  dumb  asylum,  paper  and  fuel 
used  in  . the  legislative  and  other  departments  of  the  governments,  ex- 
cept the  judicial  department,  shall  be  furnished  and  the  printing  and 
binding  of  the  laws,  journals  and  departments  reports,  and  all  other 
printing  and  binding,  and  the  repairing  and  furnishing  the  halls  and 
rooms  used  for  the  meetings  of  the  legislature  and  its  committees,  shall 
be  performed  under  contract,  to  be  given  to  the  lowest  responsible  bid- 
der, below  such  maximum  price  and  under  such  regulations  as  shall 
be  prescribed  by  law.  No  member  or  officer  of  any  department  of  the 
government  shall  be  in  any  way  interested  in  such  contracts;  and  all 
such  contracts  shall  be  subject  to  the  approval  of  the  governor,  secretary 
of  state  and  comptroller. — Tex.  (1875),  Art.  16. 

Sec.  34.  The  legislature  shall  provide  by  law  that  the  fuel,  stationery 
nnd  printing  paper,  furnished  for  the  use  of  the  state;  the  copying, 
printing,  binding  and  distributing  the  laws  and  journals;  and  all  other 
printing  ordered  by  the  legislature,  shall  be  let  by  contract  to  the  low- 


188 


est  responsible  bidder,  bidding  under  a maximum  price  to  be  fixed  by 
the  legislature;  and  no  member  or  officer  thereof,  or  officer  of  the  state, 
shall  be  interested,  directly  or  indirectly,  in  such  contract,  but  all  such 
contracts  shall  be  subject  to  the  approval  of  the  governor,  and  in  case 
of  his  disapproval  of  any  such  contract,  there  shall  be  a reletting  of 
the  same  in  the  manner  prescribed  by  law. — W.  Va.  (1872),  Art.  6. 

Sec.  25.  The  legislature  shall  provide  by  law,  that  all  stationery  re- 
quired for  the  use  of  the  state,  and  all  printing  authorized  and  required 
by  them  to  be  done  for  their  use,  or  for  the  state,  shall  be  let  by  con- 
tract to  the  lowest  bidder,  but  the  legislature  may  establish  a maximum 
price;  no  member  of  the  legislature,  or  other  state  officer  shall  be  in- 
terested, either  directlv  or  indirectlv,  in  anv  such  contract. — Wis.  (1848), 
Art.  4.  - 


Sec.  31.  All  stationery,  printing,  paper,  fuel  and  lights  used  in  the 
legislature  and  other  departments  of  government,  shall  be  furnished, 
and  the  printing  and  binding  of  the  laws,  journals  and  department  re- 
ports and  other  printing  and  binding,  and  the  repairing  and  furnish- 
ing of  the  halls  and  rooms  used  for  the  meeting  of  the  legislature  and 
its  committees  shall  be  performed  under  contract,  to  be  given  to  the  low- 
est responsible  bidder,  below  such  maximum  price  and  under  such  regu- 
lations as  may  be  prescribed  by  law.  No  member  or  officer  of  any  de- 
partment of  the  government  shall  be  in  any  way  interested  in  any 
such  contract;  and  all  such  contracts  shall  be  subject  to  the  approval  of 
the  governor  and  state  treasurer. — Wyo.  (1880),  Art.  3. 


SALE  OR  CONVEYANCE  OF  PRIVATE  REAL  ESTATE;  VACATION  OR  ALTERATION  OF 

HIGHWAYS  OR  STREETS. 

(27)  Sec.  23.  The  legislature  shall  not  authorize , by  private  or 
special  late,  the  sale  or  conveyance  of  any  real  estate  belonging  to  any 
person ; nor  vacate  nor  alter  any  road  laid  out  by  commissioners  of  high- 
ways or  any  street  in  any  city  or  village , or  in  any  recorded  town  plat . 
Mich.  (1850),  Art.  4. 

Sec.  19.  The  general  assembly  shall  not  pass  any  local  or  special 
law  relating  to  fences;  the  straying  of  live  stock;  ditches;  the  creation 
or  changing  the  boundaries  of  school  districts;  or  the  laying  out,  open- 
ing, alteration,  maintenance  or  vacation,  in  whole  or  in  part,  of  any 
road,  highway,  street,  lane  or  alley. — Del.  (1897),  Art.  2. 

7.  No  private  or  special  law  shall  be  passed  authorizing  the  sale  of 
any  lands  belonging  in  whole  or  in  part  to  a minor  or  minors,  or  other 
persons  who  may  at  the  time  be  under  any  legal  disability  to  act  for 
themselves. — N.  J.  (1844),  Art.  4,  Sec.  7,  cl.  7. 


189 


PRISON  CHAPLAIN ; RELIGIOUS  SERVICES  IN  LEGISLATE 

(28)  Sec.  24.  The  legislature  may  authorize  the  empl 
chaplain  for  the  state  prison ; hut  no  money  shall  he  app\ 
the  payment  of  any  religious  services  in  either  house  of  the  teyisiu- 
ture.—Mich.  (1850),  Art.  4. 


AMENDMENT  OP  LAWS. 

(29)  Sec.  25.  No  law  shall  he  revised , altered  or  amended  hy  refer- 
ence to  its  title  only;  hut  the  act  revised  and  the  section  or  sections 
of  the  act  altered  or  amended  shall  he  re-enacted  and  published  at  length. 
—Mich.  (1850),  Art.  4. 

Sec.  23.  No  law  shall  be  revived,  amended,  or  the  provisions  thereof 
extended  or  conferred  by  reference  to  its  title  only ; but  so  much  thereof 
as  is  revived,  amended,  extended  or  conferred  shall  be  re-enacted  and 
published  at  length.— Ark.  (1874),  Art.  5. 

Sec.  24.  No  law  shall  be  revived,  or  amended,  or  the  provisions  there- 
of extended  or  conferred  by  reference  to  its  title  only,  but  so  much 
thereof  as  is  revived,  amended,  extended  or  conferred,  shall  be  re-enacted 
and  published  at  length. — Colo.  (1876),  Art.  5. 

Sec.  7.  Par.  17.  No  law,  or  section  of  the  code,  shall  be  amended 
or  repealed  by  mere  reference  to  its  title,  or  to  the  number  of  the  sec- 
tion of  the  code,  but  the  amending  or  repealing  act  shall  distinctly  de- 
scribe the  law  to  be  amended  or  repealed,  as  well  as  the  alteration  to 
be  made. — Ga.  (1877),  Art.  3. 

Sec.  18.  No  act  shall  be  revised  or  amended  by  mere  reference  to  its 
title,  but  the  section  as  amended  shall  be  set  forth  and  published  at  full 
length. — Idaho  (1889),  Art.  3. 

Sec.  21.  No  act  shall  ever  be  revised  or  amended  by  mere  reference 
to  its  title;  but  the  act  revised,  or  section  amended,  shall  be  set  forth 
and  published  at  full  length. — Ind.  (1851),  Art.  4. 

Art.  32.  No  law  shall  be  revived,  or  amended  by  reference  to  its 
title,  but  in  such  cases  the  act  revived,  or  section  as  amended,  shall  be 
re-enacted  and  published  at  length. — La.  (1898),  Art.  32. 

Art.  33.  The  general  assembly  shall  never  adopt  any  system  or  code 
of  laws  by  general  reference  to  such  system  or  code  of  laws;  but  in 
all  cases  shall  recite  at  length  the  several  provisions  of  the  laws  it  may 
enact. — La.  (1898),  Art.  33. 

Sec.  61.  No  law  shall  be  revived  or  amended  by  reference  to  its  title 
only,  but  the  section  or  sections,  as  amended  or  revived,  shall  be  in- 
serted at  length. — Miss.  (1890),  Art.  4. 


190 


Sec.  23.  No  act  shall  be  revived  or  re-enacted  by  mere  reference  to 
the  title  thereof,  but  the  same  shall  be  set  forth  at  length,  as  if  it  were 
an  original  act. — Mo.  (1875),  Art.  4. 

Sec.  34.  No  act  shall  be  amended  by  providing  that  designated  words 
thereof  be  stricken  out,  or  that  designated  words  be  inserted,  or  that 
designated  words  be  stricken  out  and  others  inserted  in  lieu  thereof; 
but  the  words  to  be  stricken  out,  or  the  words  to  be  inserted,  or  the 
words  to  be  stricken  out  and  those  inserted  in  lieu  thereof,  together 
with  the  act  or  section  amended,  shall  be  set  forth  in  full  as  amended. 
—Mo.  (1875),  Art.  4. 

Sec.  25.  No  law  shall  be  revised  or  amended,  or  the  provisions  thereof 
extended  by  reference  to  its  title  only,  but  so  much  thereof  as  is  revised, 
amended  or  extended  shall  be  re-enacted  and  published  at  length. — 
Mont.  (1889),  Art.  5. 

Sec.  17.  No  act  shall  be  passed  which  shall  provide  that  any  ex- 
isting law,  or  any  part  thereof,  shall  be  made  or  deemed  a part  of  said 
act,  or  which  shall  enact  that  any  existing  law,  or  part  thereof,  shall 
be  applicable,  except  by  inserting  it  in  such  act. — N.  Y.  (1894),  Art.  3. 

Sec.  64.  No  bill  shall  be  revised  or  amended,  nor  the  provisions  there- 
of extended  or  incorporated  in  any  other  bill  by  reference  to  its  title 
only,  but  so  much  thereof  as  is  revised,  amended  or  extended  or  so  in- 
corporated shall  be  re-enacted  and  published  at  length. — N.  Dak.  (1889), 
Art.  2. 


Sec.  22.  No  act  shall  ever  be  revised  or  amended  by  mere  reference 
to  its  title,  but  the  act  revised  or  section  amended  shall  be  set  forth 
and  published  at  full  length. — Ore.  (1857),  Art.  4. 

Sec.  6.  No  law  shall  be  revived,  amended,  or  the  provisions  thereof 
extended  or  conferred,  by  reference  to  its  title  only,  but  so  much  thereof 
as  is  revived,  amended,  extended  or  conferred,  shall  be  re-enacted  and 
published  at  length. — Pa.  (1873),  Art.  3. 

Sec.  36.  No  law  shall  be  revived  or  amended  by  reference  to  its 
title;  but  in  such  case  the  act  revived  or  the  section  or  sections  amended 
shall  be  re-enacted  and  published  at  length. — Tex.  (1875),  Art.  3. 

Sec.  37.  No  act  shall  ever  be  revised  or  amended  by  mere  reference  to 
its  title,  but  the  act  revised  or  the  section  amended  shall  be  set  forth 
at  full  length.— Wash.  (1889),  Art.  2. 

Sec.  26.  No  law  shall  be  revised  or  amended,  or  the  provisions  there- 
of extended  by  reference  to  its  title  only,  but  so  much  thereof  as  is  re- 
vised, amended  or  extended,  shall  be  re-enacted  and  published  at  length. 
—Wyo.  (1889),  Art.  3. 


191 


LEGISLATIVE  DIVORCES  PROHIBITED. 

(30)  Sec.  26.  Divorces  shall  not  he  granted  hy  the  legislature. — 
Mich.  (1850),  Art.  4. 

Sec.  18.  No  divorce  shall  be  granted,  nor  alimony  allowed,  except 
by  the  judgment  of  a court,  as  shall  be  prescribed  by  general  and  uni- 
form law. — Del.  (1897),  Art.  2. 

Sec.  15.  Par.  1.  No  total  divorce  shall  be  granted,  except  on  the 
concurrent  verdicts  of  two  juries  at  different  terms  of  the  court. — 
Ga.  (1877),  Art.  6. 

Sec.  27.  No  divorce  shall  be  granted  by  the  general  assembly. — Iowa 
(1857),  Art.  3. 

Sec.  18.  All  power  to  grant  divorces,  is  vested  in  the  district  courts, 
subject  to  regulation  by  law. — Kan.  (1859),  Art.  2. 

Sec.  28.  Divorces  shall  not  be  granted  by  the  legislature. — Minn. 
(1857),  Art.  4. 

1.  No  divorce  shall  be  granted  by  the  legislature. — N.  J.  (1844),  Art. 
4,  Sec.  7,  Cl.  1. 

Sec.  10.  The  general  assembly  shall  have  the  power  to  pass  general 
laws  regulating  divorce  and  alimony,  but  shall  not  have  power  to  grant 
a divorce  or  secure  alimony  in  any  individual  case. — N.  C.  (1875),,  Art.  2. 

Sec.  32.  The  general  assembly  shall  grant  no  divorce,  nor  exercise 
any  judicial  power  not  herein  expressly  conferred. — Ohio  (1851),  Art.  2* 

Sec.  3.  Divorces  from  the  bonds  of  matrimony  shall  not  be  allowed 
in  this  state. — S.  C.  (1895),  Art.  17. 

Sec.  4.  The  legislature  shall  have  no  power  to  grant  divorces,  but 
may  authorize  the  courts  of  justice  to  grant  them  for  such  causes  as 
may  be  specified  by  law ; but  such  laws  shall  be  general  and  uniform  in 
their  operation  throughout  the  state. — Tenn.  (1870),  Art.  11. 


LOTTERIES ; GAMBLING ; POOL-SELLING ; FUTURES ; OPTIONS. 

(31)  Sec.  27.  The  legislature  shall  not  authorize  any  lottery  nor 
permit  the  sale  of  lottery  tickets. — Mich.  (1850),  Art.  4. 

Sec.  65.  The  legislature  shall  have  no  power  to  authorize  lotteries 
or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  prohibit 
the  sale  in  this  state  of  lottery  or  gift  enterprise  tickets,  or  tickets  in 
any  scheme  in  the  nature  of  a lottery ; and  all  acts  or  parts  of  acts  here- 
tofore passed  by  the  legislature  of  this  state,  authorizing  a lottery  or 


192 


lotteries,  and  all  acts  amendatory  thereof,  or  supplemental  thereto,  are 
hereby  avoided. — Ala.  (1901),  Art.  4. 

Sec.  14.  No  lottery  shall  be  authorized  by  this  state,  nor  shall  the 
sale  of  lottery  tickets  be  allowed. — Ark.  (1874),  Art.  19. 

Sec.  26.  The  legislature  shall  have  no  power  to  authorize  lotteries 
or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  prohibit  the 
sale  in  this  state  of  lottery  or  gift  enterprise  tickets,  or  tickets  in  any 
scheme  in  the  nature  of  a lottery.  The  legislature  shall  pass  laws  to 
regulate  or  prohibit  the  buying  and  selling  of  the  shares  of  the  capital 
stock  of  corporations  in  any  stock  board,  stock  exchange,  or  stock  market 
under  the  control  of  any  association.  All  contracts  for  the  sale  of  shares 
of  the  capital  stock  of  any  corporation  or  association,  on  margin,  or  to 
be  delivered  at  a future  day,  shall  be  void,  and  any  money  paid  on  such 
contracts  may  be  recovered  by  the  party  paying  it  by  suit  in  any  court 
of  competent  jurisdiction. — Cal.  (1880),  Art.  4. 

Sec.  2.  The  general  assembly  shall  have  no  power  to  authorize  lot- 
teries or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  pro- 
hibit the  sale  of  lotterv  or  gift  enterprise  tickets  in  this  state. — Colo. 
(1876),  Art.  18. 

Sec.  17.  Lotteries,  the  sale  of  lottery  tickets,  pool  selling  and  all 
other  forms  of  gambling  are  prohibited  in  this  state.  The  general  as- 
sembly shall  enforce  this  section  by  appropriate  legislation. — Del. 

1 1897),  Art.  2. 

Sec.  23.  Lotteries  are  hereby  prohibited  in  this  state. — Fla.  (1885), 
Art.  3. 

Sec.  2.  Par.  4.  All  lotteries,  and  the  sale  of  lottery  tickets,  are 
lierebv  prohibited;  and  this  prohibition  shall  be  enforced  by  penal  laws. 
—Ga.  (1877),  Art.  1. 

Sec.  20.  The  legislature  shall  not  authorize  any  lottery  or  gift  en- 
terprise under  any  pretense  or  for  any  purpose  whatever. — Idaho  (18S9), 
Art.  3. 


Sec.  27.  The  general  assembly  shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises,  for  any  purpose,  and  shall  pass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in  this  state. — 
III.  (1870),  Art.  4. 

Sec.  8.  No  lottery  shall  be  authorized,  nor  shall  the  sale  of  lottery 
tickets  be  allowed. — Ind.  (1851),  Art.  15. 

Sec.  28.  No  lottery  shall  be  authorized  by  this  state;  nor  shall  the 
sale  of  lottery  tickets  be  allowed. — Iowa  (1857),  Art.  3. 

Sec.  3.  Lotteries  and  the  sale  of  lottery  tickets  are  forever  prohibted. 
— Kan.  (1859),  Art.  15. 


193 


Sec.  226.  Lotteries  and  gift  enterprises  are  forbidden,  and  no  priv- 
ileges shall  be  granted  for  such  purposes,  and  none  shall  be  exercised, 
and  no  schemes  for  similar  purposes  shall  be  allowed.  The  general 
assembly  shall  enforce  this  section  by  proper  penalties.  All  lottery 
privileges  or  charters  heretofore  granted  are  revoked. — Ky.  (1891),  Sec. 
26. 

Art.  178.  Lotteries,  and  the  sale  of  lottery  tickets,  are  prohibited  in 
this  state. — La.  (1898),  Art.  178. 

Art.  188.  Gambling  is  a vice,  and  the  legislature  shall  pass  laws  to 
suppress  it. — La.  (1898),  Art.  188. 

Art.  189.  The  pernicious  practice  of  dealing  or  gambling  in  futures 
on  agricultural  products  or  articles  of  necessity,  where  the  intention 
of  the  parties  is  not  to  make  an  honest  and  bona  fide  delivery,  is  de- 
clared to  be  against  public  policy;  and  the  legislature  shall  pass  laws  to 
suppress  it. — La.  (1898),  Art.  189.  ' 

Sec.  36.  No  lottery  grant  shall  ever  hereafter  be  authorized  by  the 
general  assembly. — Md.  (1867),  Art.  3. 

Sec.  31.  The  legislature  shall  never  authorize  any  lottery  or  the  sale 
of  lottery  tickets. — Minn.  (1857),  Art.  4. 

Sec.  98.  No  lottery  shall  ever  be  allowed,  or  be  advertised  by  news- 
papers, or  otherwise,  or  its  tickets  be  sold  in  this  state;  and  the  leg- 
islature shall  provide  by  law  for  the  enforcement  of  this  provision; 
nor  shall  any  lottery  heretofore  authorized  be  permitted  to  be  drawn 
or  its  tickets  sold. — Miss.  (1890),  Art.  4. 

Sec.  10.  The  general  assembly  shall  have  no  power  to  authorize  lot- 
teries or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  pro- 
hibit the  sale  of  lottery  or  gift  enterprise  tickets,  or  tickets  in  any 
scheme  in  the  nature  of  a lottery,  in  this  state;  and  all  acts  or  parts 
of  acts  heretofore  passed  by  the  legislature  of  this  state,  authorizing  a 
lottery  or  lotteries,  and  all  acts  amendatory  thereof  or  supplemental 
thereto,  are  hereby  avoided. — Mo.  (1875),  Art.  14. 

Sec.  2.  The  legislative  assembly  shall  have  no  power  to  authorize 
lotteries,  or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in  this  state. — 
Mont.  (1889),  Art.  19. 

Sec.  21.  The  legislature  shall  not  authorize  any  games  of  chance, 
lottery,  or  gift  enterprise,  under  any  pretense,  or  for  any  purpose  what- 
ever.—Net).  (1875),  Art.  3. 

Sec.  24.  No  lottery  shall  be  authorized  by  this  state,  nor  shall  the 
sale  of  lottery  tickets  be  allowed. — Nev.  (1864),  Art.  4. 

Sec.  2.  No  lottery  shall  be  authorized  by  the  legislature  or  otherwise 
25 — Legislative  Dept. 


194 


in  this  state,  and  no  ticket  in  any  lottery  shall  be  bought  or  sold  within 
this  state,  nor  shall  pool-selling,  book-making  or  gambling  of  any  kind 
be  authorized  or  allowed  within  this  state,  nor  shall  any  gambling  de- 
vice, practice  or  game  of  chance  now  prohibited  by  law  be  legalized, 
or  the  remedy,  penalty  or  punishment  now  provided  therefor  be  in  any 
way  diminished. — N.  J.  (1844),  Art.  4,  Sec.  7,  Cl.  2. 

Art.  1.  The  legislative  assembly  shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  ta 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets. — A.  Dal:.  (1SS9), 
Arndt.  Art.  1. 

Sec.  6.  Lotteries,  and  the  sale  of  lottery  tickets,  for  any  purpose 
whatever,  shall  forever  be  prohibited  in  this  state. — Ohio  (1851),  Art. 
15. 


Sec.  4.  Lotteries,  and  the  sale  of  lottery  tickets,  for  any  purpose 
whatever,  are  prohibited,  and  the  legislative  assembly  shall  prevent  the 
same  by  penal  laws. — Ore.  (1857),  Art . 15. 

Sec.  12.  All  lotteries  shall  hereafter  be  prohibited  in  this  state,  ex- 
cept those  already  authorized  by  the  general  assembly. — R.  /.  (1842)* 
Art.  4. 

Sec.  7.  No  lottery  shall  ever  be  allowed,  or  be  advertised  by  news- 
papers, or  otherwise,  or  its  tickets  be  sold  in  this  state;  and  the  general 
assembly  shall  provide  by  law  at  its  next  session  for  the  enforcement  of 
this  provision. — S.  C.  (1895),  Art.  17. 

Sec.  25.  The  legislature  shall  not  authorize  any  game  of  chance,, 
lottery  or  gift  enterprise  under  any  pretense,  or  for  any  purpose  what- 
ever.— S.  D.  (1889),  Art.  A 

Sec.  5.  The  legislature  shall  have  no  power  to  authorize  lotteries 
for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale  of  lottery 
tickets  in  this  state. — Tenn.  (1870),  Art.  11. 

Sec.  47.  The  legislature  shall  pass  laws  prohibiting  the  establish- 
ment of  lotteries  and  gift  enterprises  in  this  state,  as  well  as  the  sale 
of  tickets  in  lotteries,  gift  enterprises  or  other  evasions  involving  the 
lotterv  principle,  established  or  existing  in  other  states. — Tex.  (1875), 
Art.  i. 

Sec.  28.  The  legislature  shall  not  authorize  any  game  of  chance, 
lottery  or  gift  enterprise  under  any  pretense  or  for  any  purpose. — Utah 
(1896),  Art.  6. 

Sec.  60.  No  lottery  shall  hereafter  be  authorized  by  law;  and  the 
buying,  selling,  or  transferring  of  tickets  or  chances  in  any  lottery  shall 
be  prohibited. — Va.  (1902),  Art.  4. 


195 


Sec.  24.  The  legislature  shall  never  authorize  any  lottery  or  grant 
any  divorce. — Wash.  (1889),  Art.  2. 

Sec.  30.  The  legislature  shall  have  no  power  to  authorize  lotteries 
or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  prohibit  the 
sale  of  lottery  or  gift  enterprise  tickets  in  this  state. — W.  Va.  (1872), 
Art.  0. 

Sec.  24.  The  legislature  shall  never  authorize  any  tottery,  or  grant 
any  divorce. — Wis.  (1848),  Art.  4. 


SPECIAL,  PRIVATE  AND  LOCAL  LEGISLATION. 

104.  The  legislature  shall  not  pass  a special,  private  or  local  law 
in  any  of  the  following  cases: 

(1.) — Granting  a divorce; 

(2.) — Relieving  any  minor  of  the  disabilities  of  non-age; 

(3.) — Changing  the  name  of  any  corporation,  association,  or  indi- 
vidual ; 

(4.) — Providing  for  the  adopting  or  legitimizing  of  any  child; 

(5.) — Incorporating  a city^,  town  or  village; 

(6.) — Granting  a charter  to  any  corporation,  association,  or  indi- 
vidual ; 

(7.) — Establishing  rules  of  descent  or  distribution; 

(8.) — Regulating  the  time  within  which  a civil  or  criminal  action 
may  be  begun ; 

(9.) — Exempting  any  individual,  private  corporation  or  association 
from  the  operation  of  any  general  law; 

(10.) — Providing  for  the  sale  of  the  property  of  any  individual  or 
estate ; 

(11.) — Changing  or  locating  a county  seat  ; 

(12.) — Providing  for  a change  of  venue  in  any  case; 

(13.) — Regulating  the  rate  of  interest; 

(14.) — Fixing  the  punishment  of  crime; 

(15.) — Regulating  either  the  assessment  or  collection  of  taxes,  except 
in  connection  with  the  readjustment,  renewal,  or  extension  of  existing 
municipal  indebtedness  created  prior  to  the  ratification  of  the  constitu- 
tion of  eighteen  hundred  and  seventy-five; 

(16.) — Giving  effect  to  an  invalid  will,  deed  or  other  instrument; 

(17.) — Authorizing  any  county,  city,  town,  village,  district  or  other 
political  subdivision  of  a county,  to  issue  bonds  or  other  securities  unless 
the  issuance  of  said  bonds  or  other  securities  shall  have  been  authorized 
before  the  enactment  of  such  local  or  special  law,  by  a vote  of  the  duly 
qualified  electors  of  such  county,  township,  city,  town,  village,  district  or 
other  political  subdivision  of  a county,  at  an  election  held  for  such 
purpose,  in  the  manner  that  may  be  prescribed  by  law;  provided  the 
legislature  may  without  such  election,  pass  special  laws  to  refund  bonds 
issued  before  the  date  of  the  ratification  of  this  constitution ; 

(18.) — Amending,  confirming  or  extending  the  charter  of  any  private 
municipal  corporation,  or  remitting  the  forfeiture  thereof:  Provided, 
This  shall  not  prohibit  the  legislature  from  altering  or  re-arranging  the 
boundaries  of  any  city,  town  or  village; 


19G 


(19.) — Creating,  extending  or  impairing  any  lien; 

(20.) — Chartering  or  licensing  any  ferry,  road  or  bridge; 

(21.) — Increasing  the  jurisdiction  and  fees  of  justices  of  the  peace, 
or  the  fees  of  constables; 

(22.) — Establishing  separate  school  districts; 

(23.) — Establishing  separate  stock  districts; 

(24.) — Creating,  increasing  or  decreasing  fees,  percentages  or  allow- 
ances of  public  officers; 

(25.) — Exempting  property  from  taxation  or  from  levy  or  sale; 

(2G.) — Exempting  any  person  from  jury,  road  or  other  civil  duty  ; 

(27.) — Donating  any  lands  owned  by  or  under  control  of  the  state  to 
any  person  or  corporation ; 

(28.) — Remitting  fines,  penalties  or  forfeitures; 

(29.) — Providing  for  the  conduct  of  elections  or  designating  places  of 
voting,  or  changing  the  boundaries  of  wards,  precincts  or  districts,  except 
in  the  event  of  the  organization  of  new  counties,  or  the  changing  of  the 
lines  of  old  counties; 

(30.) — Restoring  the  right  to  vote  to  persons  convicted  of  infamous 
crimes,  or  crimes  involving  moral  turpitude; 

(31.) — Declaring  who  shall  be  liners  between  precincts  or’ between 
counties. 

The  legislature  shall  pass  general  laws  for  the  cases  enumerated  in  this 
section,  provided  that  nothing  in  this  section  or  article  shall  affect  the 
right  of  the  legislature  to  enact  local  laws  regulating  or  prohibiting  the 
liquor  traffic;  but  no  such  local  law  shall  be  enacted  unless  notice  shall 
have  been  given  as  required  in  section  106  of  this  constitution. — Ala. 
(1901),  Art.  4. 

Sec.  24.  The  general  assembly  shall  not  pass  anv  local  or  special 
law  changing  the  venue  in  criminal  cases;  changing  the  names  of  per- 
sons or  adopting  or  legitimating  children;  granting  divorces;  vacating 
roads,  streets  or  alleys. — Ark.  (1874),  Art.  5. 

Sec.  25.  The  legislature  shall  not  pass  local  or  special  laws  in  any  of 
the  following  enumerated  cases,  that  is  to  say: 

First — Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  judges,  and  of  constables. 

Second — For  the  punishment  of  crimes  and  misdemeanors. 

Third — Regulating  the  practice  of  courts  of  justice. 

Fourth — Providing  for  changing  the  venue  in  civil  or  criminal  actions. 

Fifth — Granting  divorces. 

Sixth — Changing  the  names  of  persons  or  places. 

Seventh — Authorizing  the  laying  out,  opening,  altering,  maintaining, 
or  vacating  roads,  highways,  streets,  alleys,  town  plots,  parks,  ceme- 
teries, graveyards,  or  public  grounds  not  owned  by  the  state. 

Eighth — Summoning  and  impaneling  grand  and  petit  juries,  and  pro- 
viding for  their  compensation. 

Ninth — Regulating  county  and  township  business,  or  the  election  of 
county  and  township  officers. 

Tenth — For  the  assessment  or  collection  of  taxes. 

Eleventh — Providing  for  conducting  elections,  or  designating  the  places 
of  voting,  except  on  the  organization  of  new  counties. 


107 


Twelfth — Affecting  estates  of  deceased  persons,  minors,  or  other  per- 
sons under  legal  disabilities. 

Thirteenth — Extending  the  time  for  the  collection  of  taxes. 

Fourteenth — Giving  effect  to  invalid  deeds,  wills,  or  other  instruments. 

Fifteenth — Refunding  money  paid  into  the  state  treasury. 

Sixteenth — Releasing  or  extinguishing,  in  whole  or  in  part,  the  indebt- 
edness, liability,  or  obligation  of  any  corporation  or  person  to  this  state, 
or  to  any  municipal  corporation  therein. 

Seventeenth — Declaring  any  person  of  age,  or  authorizing  any  minor 
to  sell,  lease,  or  incumber  his  or  her  property.. 

Eighteenth — Legalizing,  except  as  against  the  state,  the  unauthorized 
or  invalid  act  of  any  officer. 

Nineteenth — Granting  to  any  corporation,  association,  or  individual 
any  special  or  exclusive  right,  privilege,  or  immunity. 

Twentieth — Exempting  property  from  taxation. 

Twenty-first — Changing  county  seats. 

Twenty-second — Restoring  to  citizenship  persons  convicted  of  in  fa 
mous  crimes. 

Twenty- third--Regulating  the  rate  of  interest  on  money. ' 

Twenty-fourth — Authorizing  the  creation,  extension,  or  impairing  of 
liens. 

Twenty-fifth — Chartering  or  licensing  ferries,  bridges,  or  roads. 

Twenty-sixth — Remitting  fines,  penalties,  or  forfeitures. 

Twenty-seventh — Providing  for  the  management  of  common  schools. 

Twenty-eighth — Creating  offices,  or  prescribing  the  powers  and  duties 
of  officers  in  counties,  cities,  cities  and  counties,  township,  election  or 
school  districts. 

Twenty-ninth — Affecting  the  fees  or  salary  of  any  officer. 

Thirtieth — Changing  the  law  of  descent  or  succession. 

Thirty-first — Authorizing  the  adoption  or  legitimation  of  children. 

Thirty-second — For  limitation  of  civil  or  criminal  actions. 

Thirty-third — In  all  other  cases  where  a general  law  can  be  made 
applicable. — Cal.  (1880),  Art.  4. 

Sec.  25.  The  general  assembly  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases,  that  is  to  say;  for  granting  di- 
vorces; laying  out,  opening,  altering  or  working  roads  or  highways;  va- 
cating roads,  town  plats,  streets,  alleys  and  public  grounds;  locating  or 
changing  county  seats ; regulating  county  or  township  affairs ; regulating 
the  practice  in  courts  of ‘justice;  regulating  the  jurisdiction  and  duties  of 
justices  of  the  peace,  police  magistrates  and  constables;  changing  the 
rules  of  evidence  in  any  trial  or  inquiry;  providing  for  changes  of  venue 
in  civil  or  criminal  cases;  declaring  any  person  of  age;  for  limitation  of 
civil  actions  or  giving  effect  to  informal  or  invalid  deeds ; summoning 
or  impaneling  grand  or  petit  juries;  providing  for  the  management  of 
common  schools ; regulating  the  rate  of  interest  on  money ; the  opening 
or  conducting  of  any  election,  or  designating  the  place  of  voting;  the 
sale  or  mortgage  of  real  estate  belonging  to  minors  or  others  under  disa- 
bility; the  protection  of  game  or  fish;  chartering  or  licensing  ferries  or 
toll  bridges;  remitting  fines,  penalties  or  forfeitures;  creating,  increasing 
or  decreasing  fees,  percentage  or  allowances  of  public  officers;  changing 
the  law  of  descent;  granting  to  any  corporation,  association  or  individual 


198 


the  right  to  lav  down  railroad  tracks ; granting  to  any  corporation,  asso- 
ciation or  individual  any  special  or  exclusive  privilege,  immunity  or 
franchise  whatever.  In  all  other  cases,  where  a general  law  can  be  made 
applicable,  no  special  law  shall  be  enacted. — Colo.  (1876),  Art.  5. 

Sec.  20.  The  legislature  shall  not  p&ss  special  or  local  laws  in  any  of 
the  following  enumerated  cases;  that  is  to  say,  regulating  the  jurisdiction 
and  duties  of  any  class  of  officers,  except  municipal  officers,  or  for  the 
punishment  of  crime  or  misdemeanor;  regulating  the  practice  of  courts 
of  justice,  except  municipal  courts ; providing  for  changing  venue  of  civil 
and  criminal  cases;  granting  divorces;  changing  the  names  of  persons; 
vacating  roads;  summoning  and  empaneling  grand  and  petit  juries,  and 
providing  for  their  compensation ; for  assessment  and  collection  of  taxes 
for  state  and  county  purposes;  for  opening  and  conducting  elections  for 
state  and  county  officers,  and  for  designating  the  places  of  voting;  for  the 
sale  of  real  estate  belonging  to  minors,  estates  of  decedents,  and  of  per- 
sons laboring  under  legal  disabilities;  regulating  the  fees  of  officers  of  the 
state  and  county;  giving  elfect  to  informal  or  invalid  deeds  or  wills; 
legitimizing  children ; providing  for  the  adoption  of  children;  relieving 
minors  from  legal  disabilities;  and  for  the  establishment  of  ferries. — 
Fla.  ( 1885),  Art.  A 

Sec.  7.  Par*  18.  The  general  assembly  shall  have  no  power  to  grant 
corporate  powers  and  privileges  to  private  companies;  nor  to  make  or 
change  election  precincts;  nor  to  establish  bridges  or  ferries;  nor  to 
change  names  of  legitimate  children;  but  it  shall  prescribe  by  law  the 
manner  in  which  such  powers  shall  be  exercised  by  the  courts.  All  cor- 
porate powers  and  privileges  to  banking,  insurance,  railroad,  canal,  navi- 
gation, express  and  telegraph  companies  shall  be  issued  and  granted  by 
the  secretary  of  state,  in  such  manner  as  shall  be  prescribed  by  law. — (la. 
(1877),  Art.  3. 

Sec.  1.  Par.  4.  Local  and  private  acts  passed  for  the  benefit  of  coun- 
ties, cities,  towns,  corporations  and  private  persons,  not  inconsistent 
with  the  supreme  law,  nor  with  this  constitution,  and  which  have  not 
expired  nor  been  repealed,  shall  have  the  force  of  statute  law,  subject 
to  judicial  decision  as  to  their  validity  when  passed,  and  to  any  limita- 
tions imposed  by  their  own  terms. — Ga.  (1877),  Art.  12. 

Sec.  19.  The  legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enumerated  cases,  that  is  to  say: 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace  and 
constables. 

For  the  punishment  of  crimes  and  misdemeanors. 

Regulating  the  practice  of  the  courts  of  justice. 

Providing  for  a change  of  venue  in  civil  or  criminal  actions. 

Granting  divorces. 

Changing  the  names  of  persons  or  places. 

Authorizing  the  laying  out,  opening,  altering,  maintaining,  working 
on,  or  vacating  roads,  highways,  streets,  alleys,  town  plats,  parks,  ceme- 
teries, or  any  public  grounds  not  owned  by  the  state. 

Summoning  and  impaneling  grand  and  trial  juries,  and  providing 
for  their  compensation. 


199 


Regulating  county  and  township  business,  or  the  election  of  county 
.and  township  officers. 

For  the  assessment  and  collection  of  taxes. 

Providing  for  and  conducting  elections,  or  designating  the  place  of 
voting. 

Affecting  estates  of  deceased  persons,  minors,  or  other  persons  under 
legal  disabilities. 

Extending  the  time  for  collection  of  taxes. 

Giving  effect  to  invalid  deeds,  leases  or  other  instruments. 

Refunding  money  paid  into  the  state  treasury. 

Releasing  or  extinguishing,  in  whole  or  .in  part,  the  indebtedness,  lia- 
bility or  obligation  of  any  person  or  corporation  in  this  state,  or  any 
municipal  corporation  therein. 

Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell,  lease 
or  encumber  his  or  her  property. 

Legalizing  as  against  the  state  the  unauthorized  or  invalid  act  of  any 
officer. 

Exempting  property  from  taxation. 

Changing  county  seats;  unless  the  law  authorizing  the  change  shall 
require  that  two-thirds  of  the  legal  votes  cast  at  a general  or  special 
election  shall  designate  the  place  to  which  the  county  seat  shall  be 
changed:  Provided , That  the  power  to  pass  a special  law  shall  cease 

as  long  as  the  legislature  shall  provide  for  such  change  by  general  law: 
Provided  further , That  no  special  law  shall  be  passed  for  any  one  county 
oftener  than  once  in  six  years. 

Restoring  to  citizenship  persons  convicted  of  infamous  crimes. 

Regulating  the  interest  on  money. 

Authorizing  the  creation,  extension  or  impairing  of  liens. 

Chartering  or  licensing  ferries,  bridges  or  roads. 

Remitting  fines,  penalties  or  forfeitures. 

Providing  for  the  management  of  common  schools.  # 

Creating  offices  or  prescribing  the  powers  and  duties  of  officers  in 
counties,  cities,  townships,  election  districts  or  school  districts,  except 
as  in  this  constitution  otherwise  provided. 

Changing  the  law  of  descent  or  succession. 

Authorizing  the  adoption  or  legitimization  of  children. 

For  limitation  of  civil  or  criminal  actions. 

Creating  any  corporation. 

Creating,  increasing  or  decreasing  fees,  percentages,  or  allowances 
of  public  officers  during  the  term  for  which  said  officers  are  elected  or 
.appointed. — Idaho  (1889),  Art.  3. 

Sec.  22.  The  general  assembly  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases,  that  is  to  say:  for — 

Granting  divorces; 

Changing  the  names  of  persons  or  places; 

Laying  out,  opening,  altering  and  working  roads  dr  highways; 

Vacating  roads,  town  plats,  streets,  alleys,  and  public  grounds; 

Locating  or  changing  county  seats; 

Regulating  county  and  township  affairs; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,  police 
magistrates  and  constables; 


200 


Providing  for  changes  of  venue  in  civil  and  criminal  cases; 

Incorporating  cities,  towns  or  villages,  or  changing  or  amending  the 
charter  of  any  town,  city  or  village; 

Providing  for  the  election  of  members  of  the  board  of  supervisors  in 
townships,  incorporated  towns  or  cities; 

Summoning  and  impaneling  grand  or  petit  juries; 

Providing  for  the  management  of  common  schools; 

Regulating  the  rate  of  interest  on  money; 

The  opening  and  conducting  of  any  election,  or  designating  the  place 
of  voting; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others  under 
disability ; 

The  protection  of  game  or  fish ; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Creating,  increasing,  or  decreasing  fees,  percentage  or  allowances  of 
public  officers,  during  the  term  for  which  said  officers  are  elected  or 
appointed ; 

Changing  the  law  of  descent; 

Granting  to  any  corporation,  association,  or  individual,  the  right  to 
lay  down  railroad  tracks,  or  amending  existing  charters  for  such  pur- 
poses ; 

Granting  to  any  corporation,  association  or  individual  any  special  or 
exclusive  privilege,  immunity  or  franchise  whatever; 

In  all  other  cases  where  a general  law  can  be  made  applicable,  no 
special  law  shall  be  enacted — III.  (1870),  Art.  4. 

Sec.  22.  The  general  assembly  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say: 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace  and 
of  constables; 

For  the  punishment  of  crimes  and  misdemeanors ; 

Regulating  the  practice  in  courts  of  justice; 

Providing  for  changing  the  venue  in  civil  and  criminal  cases; 

Granting  divorces; 

Changing  the  names  of  persons; 

For  laying  out,  opening  and  working  on,  highways,  and  for  the  election 
or  appointment  of  supervisors; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  squares; 

Summoning  and  impaneling  grand  and  petit  juries,  and  providing 
for  their  compensation; 

Regulating  county  and  township  business ; 

Regulating  the  election  of  county  and  township  officers,  and  their 
compensation ; 

For  the  assessment  and  collection  of  taxes  for  state,  county,  township 
or  road  purposes ; 

Providing  for  supporting  common  schools,  and  for  the  preservation 
of  school  funds; 

In  relation  to  fees  or  salaries;  except  that  the  laws  may  be  so  made 
as  to  grade  the  compensation  of  officers  in  proportion  to  the  population 
and  the  necessary  services  required ; 

In  relation  to  interest  on  money; 


201 


Providing  for  opening  and  conducting  elections  of  state,  county  or 
township  officers,  and  designating  the  places  of  voting; 

Providing  for  the  sale  of  real  estate  belonging  to  minors,  or  other 
persons  laboring  under  legal  disabilities,  by  executors,  administrators, 
guardians  or  trustees. — I nd.  (1851),  Art.  4. 

Sec.  30.  The  general  assembly  shall  not  pass  local  or  special  laws  in 
the  following  cases : 

For  the  assessment  and  collection  of  taxes  for  state,  county,  or  road 
purposes ; 

For  laying  out,  opening,  and  working  roads  or  highways; 

For  changing  the  names  of  persons; 

For  the  incorporation  of  cities  and  towns ; 

For  vacating  roads,  town  plats,  streets,  alleys,  or  public  squares; 

For  locating  or  changing  county  seats. 

In  all  the  cases  above  enumerated,  and  in  all  other  cases  where  a 
general  law  can  be  made  applicable,  all  laws  shall  be  general,  and  of 
uniform  operation  throughout  the  state;  and  no  law  changing  the  boun- 
dary lines  of  any  county  shall  have  effect  until  upon  being  submitted 
to  the  people  of  the  counties  affected  by  the  change,  at  a general  election, 
it  shall  be  approved  by  a majority  of  the  votes  in  each  county,  cast  for 
and  against  it. — Iowa  (1857),  Art.  3. 

Sec.  59.  The  general  assembly  shall  not  pass  local  or  special  acts 
concerning  any  of  the  following  subjects,  or  for  any  of  the  following 
purposes,  namely: 

First.  To  regulate  the  jurisdiction,  or  the  practice,  or  the  circuits  of 
courts  of  justice,  or  the  rights,  powers,  duties  or  compensation  of  the 
officers  thereof;  but  the  practice  in  circuit  courts  in  continuous 
session  may,  by  a general  law,  be  made  different  from  the  practice  of 
circuit  courts  held  in  terms. 

Second.  To  regulate  the  summoning,  impaneling  or  compensation  of 
grand  or.  petit  jurors. 

Third.  To  provide  for  changes  of  venue  in  civil  or  criminal  causes. 

Fourth.  To  regulate  the  punishment  of  crimes  and  misdemeanors,  or 
to  remit  fines,  penalties,  or  forfeitures. 

Fifth.  To  regulate  the  limitation  of  civil  or  criminal  causes. 

Sixth.  To  affect  the  estate  of  cestuis  que  trust,  decedents,  infants  or 
other  persons  under  disabilities,  or  to  authorize  any  such  persons  to  sell, 
lease,  encumber  or  dispose  of  their  property. 

Seventh.  To  declare  any  person  of  age,  or  to  relieve  an  infant  or 
feme  covert  of  disability,  or  to  enable  him  to  do  acts  allowed  only  to 
adults  not  under  disabilities. 

Eighth.  To  change  the  law  of  descent,  distribution  or  succession. 

Ninth.  To  authorize  the  adoption  of  legitimation  of  children. 

Tenth.  To  grant  divorces. 

Eleventh.  To  change  the  name  of  persons. 

Twelfth.  To  give  effect  to  invalid  deeds,  wills  or  other  instruments. 

Thirteenth.  To  legalize,  except  as  against  the  commonwealth,  the 
unauthorized  or  invalid  act  of  any  officer  or  public  agent  of  the  com- 
monwealth, or  of  any  city,  county  or  municipality  thereof. 

Fourteenth.  To  refund  money  legally  paid  into  the  state  treasury. 

26 — Legislative  Dept. 


202 


* 


Fifteenth.  To  authorize  or  to  regulate  the  levy,  the  assessment  or  the 
collection  of  taxes,  or  to  give  any  indulgence  or  discharge  to  any  assessor 
or  collector  of  taxes,  or  his  sureties. 

Sixteenth.  To  authorize  the  opening,  altering,  maintaining  or  va- 
cating roads,  highways,  streets,  alleys,  town  plats,  cemeteries,  grave- 
yards, or  public  grounds  not  owned  by  the  commonwealth. 

Seventeenth.  To  grant  a charter  to  any  corporation,  or  to  amend  the 
charter  of  any  existing  corporation;  to  license  companies  or  persons  to 
own  or  operate  ferries,  bridges,  roads  or  turnpikes ; to  declare  streams 
navigable,  or  to  authorize  the  construction  of  booms  or  dams  therein, 
or  to  remove  obstructions  therefrom;  to  affect  toll-gates,  or  to  regulate 
tolls;  to  regulate  fencing  or  the  running  at  large  of  stock. 

Eighteenth.  To  create,  increase  or  decrease  fees,  percentages  or  al- 
lowances to  public  officers,  or  to  extend  the  time  for  the  collection 
thereof,  or  to  authorize  officers  to  appoint  deputies. 

Nineteenth.  To  give  any  person  or  corporation  the  right  to  lay  a rail- 
road track  or  tramway,  or  to  amend  existing  charters  for  such  purposes. 

Twentieth.  To  provide  for  conducting  elections,  or  for  designating  the 
places  of  voting,  or  changing  the  boundaries  of  wards,  precincts  or 
districts,  except  when  new  counties  may  be  created. 

Twenty-first.  To  regulate  the  rate  of  interest. 

# Twenty-second.  To  authorize  the  creation,  extension,  enforcement, 
impairment  or  release  of  liens. 

Twenty-third.  To  provide  for  the  protection  of  game  and  fish. 

Twenty- fourth.  To  regulate  labor,  trade,  mining  or  manufacturing. 

Twentieth-fifth.  To  provide  for  the  management  of  common  schools. 

Twenty-sixth.  To  locate  or  change  a county  seat. 

Twenty -seven th.  To  provide  a means  of  taking  the  sense  of  the  people 
of  any  city,  town,  district,  precinct,  or  county,  whether  they  wish  to 
authorize,  regulate  or  prohibit  therein  the  sale  of  vinous,  spirituous  or 
malt  liquors,  or  alter  the  liquor  laws. 

Twenty-eighth.  Restoring  to  citizenship  persons  convicted  of  infam- 
ous crimes. 

Twenty-ninth.  In  all  other  cases  where  a general  law  can  be.  made 
applicable,  no  special  law  shall  bo  enacted. — Ky.  (1891),  8ce.  59. 

Art.  48.  The  general  assembly  shall  not  pass  any  local  or  special  law 
on  the  following  specified  subjects; 

For  the  opening  and  conducting  of  elections,  or  fixing  or  changing  the 
place  of  voting. 

Changing  the  names  of  persons. 

Changing  the  venue  in  civil  or  criminal  cases. 

Authorizing  the  laying  out,  opening,  closing,  altering  or  maintaining 
roads,  highways,  streets  or  alleys,  or  relating  to  ferries  and  bridges,  or 
incorporating  bridge  or  ferry  companies,  except  for  the  erection  of 
bridges  crossing  streams  which  form  boundaries  between  this  and  any 
other  state. 

Authorizing  the  adoption  or  legitimation  of  children  or  the  emancipa- 
tion of  minors. 

Granting  divorces. 

Changing  the  law  of  descent  or  succession. 

Affecting  the  estates  of  minors  or  persons  under  disabilities. 


Remitting  fines,  penalties  and  forfeitures,  or  refunding  moneys  legally 
paid  into  the  treasury. 

Authorizing  the  constructing  of  street  passenger  railroads  in  any  in- 
corporated town  or  city. 

Regulating  labor,  trade,  manufacturing  or  agriculture. 

Creating  corporations,  or  amending,  renewing,  extending  or  explain- 
ing the  charters  thereof:  Provided,  This  shall  not  apply  to  municipal 

corporations  having  a population  of  not  less  than  twenty -five  hundred 
inhabitants,  or  to  the  organization  of  levee  districts  and  parishes. 

Granting  to  any  corporation,  association,  or  individual  any  special  or 
exclusive  right,  privilege  or  immunity. 

Extending  the  time  for  the  assessment  or  collection  of  taxes,  or  for 
the  relief  of  any  assessor  or  collector  of  taxes  from  the  performance  of 
his  official  duties,  or  of  his  sureties  from  liability;  nor  shall  any  .such 
law  or  ordinance  be  passed  by  anjr  political  corporation  of  this  state. 

Regulating  the  practice  or  jurisdiction  of  any  court,  or  changing  the 
rules  of  evidence  in  any  judicial  proceeding  or  inquiry  before  courts, 
or  providing  or  changing  methods  for  the  collection  of  debts  or  the  en- 
forcement of  judgments,  or  prescribing  the  effects  of  judicial  sales. 

Exempting  property  from  taxation. 

Fixing  the  rate  of  interest. 

Concerning  any  civil  or  criminal  actions. 

Giving  effect  to  informal  or  invalid  wills  or  deeds,  or  to  any  illegal 
disposition  of  property. 

Regulating  the  management  of  public  schools,  the  building  or  repairing 
of  schoolhouses,  and  the  raising  of  money  for  such  purposes. 

Legalizing  the  unauthorized  or  invalid  acts  of  any  officer,  servant,  or 
agent  of  the  state,  or  of  any  parish  or  municipality  thereof. — La.  (1898), 
Art.  48. 

Sec.  33.  The  general  assembly  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  viz. : For  extending  the  time 
for  the  collection  of  taxes,  granting  divorces,  changing  the  name  of  any 
person,  providing  for  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilities,  by  executors,  administrators, 
guardians  or  trustees,  giving  effect  to  informal  or  invalid  deeds  or  wills, 
refunding  money  paid  into  the  state  treasury,  or  releasing  persons  from 
their  debts  or  obligations  to  the  state,  unless  recommended  by  the 
governor  or  officers  of  the  treasury  department.  And  the  general  as- 
sembly shall  pass  no  special  law  for  any  case  for  which  provision  has 
been  made  by  an  existing  general  law.  The  general  assembly,  at  its  first 
session  after  the  adoption  of  this  constitution,  shall  pass  general  laws 
providing  for  the  cases  enumerated  in  this  section  which  are  not  already 
adequately  provided  for,  and  for  all  other  cases  where  a general  law 
can  be  made  applicable. — Md.  (1867),  Art.  3. 

Sec.  33.  In  all  cases  when  a general  law  can  be  made  applicable,  no 
special  law  shall  be  enacted  ; and  whether  a general  law  could  have  been 
made  applicable  in  any  case  is  hereby  declared  a judicial  question,  and 
as  such  shall  be  judicially  determined  without  regard  to  any  legislative 
assertion  on  that  subject.  The  legislature  shall  pass  no  local  or  special 
law  regulating  the  affairs  of,  or  incorporating,  erecting  or  changing  the 


204 


lines  of  any  county,  city,  village,  township,  ward  or  school  district,  or 
creating  the  offices,  or  prescribing  the  powers  and  duties  of  the  officers 
of,  or  fixing  or  relating  to  the  compensation,  salary  or  fees  of  the  same, 
or  the  mode  of  election  or  appointment  thereto,  authorizing  the  laying  out, 
opening,  altering,  vacating  or  maintaining  roads,  highways,  streets  or 
alleys;  remitting  fines,  penalties  or  forfeitures;  regulating  the  powers, 
duties,  and  practice  of  justices  of  the  peace,  magistrates  and  constables; 
changing  the  names  of  persons,  places,  lakes  or  rivers;  for  opening  and 
conducting  of  elections,  or  fixing  or  changing  the  places  of  voting;  au- 
thorizing the  adoption  or  legitimation  of  children;  changing  the  law 
of  descent  or  succession ; conferring  rights  upon  minors ; declaring  an}’ 
named  person  of  age;  giving  effect  to  informal  or  invalid  wills  or  deeds, 
or  affecting  the  estates  of  minors  or  persons  under  disability;  locating 
or  changing  county  seats;  regulating  the  management  of  public  schools, 
the  building  or  repairing  of  school  houses,  and  the  raising  of  money  for 
such  purposes;  exempting  property  from  taxation,  or  regulating  the  rate 
of  interest  on  money;  creating  corporations,  or  amending,  renewing,  ex- 
tending or  explaining  the  charters  thereof;  granting  to  any  corporation, 
association  or  individual  any  special  or  exclusive  privilege,  immunity 
or  franchise  whatever,  or  authorizing  public  taxation  for  a private  pur- 
pose: Provided,  however,  That  the  inhabitants  of  local  or  special  laws  in 

this  section  shall  not  be  construed  to  prevent  the  passage  of  general  laws 
on  any  of  the  subjects  enumerated. 

The  legislature  may  repeal  any  existing  special  or  local  law,  but  shall 
not  amend,  extend  or  modify  any  of  the  same. — Minn.  (1857),  Art.  4 
(Arndt.  1892). 

Sec.  90.  The  legislature  shall  not  pass  local,  private,  or  special  laws 
in  any  of  the  following  enumerated  cases,  but  such  matters  shall  be  pro- 
vided for  only  by  general  laws,  viz : 

(a)  Granting  divorces; 

(b)  Changing  the  names  of  persons,  places,  or  corporations; 

(c)  Providing  for  changes  of  venue  in  civil  and  criminal  cases; 

(d)  Regulating  the  rate  of  interest  on  money; 

(e)  Concerning  the  settlement  or  administration  of  any  estate,  or 
the  sale  or  mortgage  of  any  property,  of  any  infant,  or  of  a person  of 
unsound  mind,  or  of  any  deceased  person; 

(f)  The  removal  of  the  disability  of  infancy; 

(g)  Granting  to  any  person,  corporation,  or  association  the  right  to 
have  any  ferry,  bridge,  road,  or  lish-trap ; 

(h)  Exemption  of  property  from  taxation  or  from  levy  or  sale; 

(i)  Providing  for  the  adoption  or  legitimation  of  children; 

(j)  Changing  the  law  of  decent  and  distribution; 

(k)  Exempting  any  person  from  jury,  road  or  other  civil  duty  (and 
jio  person  shall  be  exempted  therefrom  by  force  of  any  local  or  private 
law)  ; 

(l)  Laying  out,  opening,  altering,  and  working  roads  and  highways; 

(m)  Vacating  any  road  or  highway,  town  plat,  street,  alley,  or  public 
grounds ; 

(n)  Selecting,  drawing,  summouing.  or  empaneling  grand  or  petit 
juries; 


205 


(o)  Creating,  increasing,  or  decreasing  the  fees,  salary,  or  emolu- 
ments of  any  public  officer; 

(p)  Providing  for  the  management  or  support  of  any  private  or  com- 
mon school,  incorporating  the  same,  or  granting  such  school  any  priv- 
ileges ; 

(q)  Relating  to  stock  laws,  water-courses,  and  fences; 

(r)  Conferring  the  power  to  exercise  the  right  of  eminent  domain, 
or  granting  to  any  person,  corporation,  or  association  the  right  to  lay 
down  railroad  tracks  or  street  car  tracks  in  any  other  manner  than  that 
prescribed  by  general  law; 

(s)  Regulating  the  practice  in  courts  of  justice; 

(t)  Providing  for  the  creation  of  districts  for  the  election  of  justices 
of  the  peace  and  constables ; and 

(u)  Granting  any  lands  under  control  of  the  state  to  any  person  or 
corporation. — Miss.  (1890),  Art.  4. 

Sec.  53.  The  general  assembly  shall  not  pass  any  local  or  special  law : 
Authorizing  the  creation,  extension  or  impairing  of  liens : 

Regulating  the  affairs  of  counties,  cities,  townships,  wards  or  school 
districts : 

Changing  the  names  of  persons  or  places : 

Changing  the  venue  in  civil  or  criminal  cases : 

Authorizing  the  laying  out,  opening,  altering  or  maintaining  roads, 
highways,  streets  or  alleys: 

Relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge  com- 
panies, except  for  the  erection  of  bridges  crossing  streams  which  form 
boundaries  between  this  and  any  other  state: 

Vacating  roads,  town  plats,  streets  or  alleys : 

Relating  to  cemeteries,  grave-yards  or  public  grounds  not  of  the  state: 
Authorizing  the  adoption  or  legitimation  of  children : 

Locating  or  changing  county  seats : 

Incorporating  cities,  towns,  or  villages,  or  changing  their  charters : 
For  the  opening  and  conducting  of  elections,  or  fixing  or  changing  the 
places  of  voting: 

Granting  divorces : 

Erecting  new  townships,  or  changing  township  lines,  or  the  lines  of 
school  districts : 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers  in 
counties,  cities,  townships,  election  or  school  districts: 

Changing  the  law  of  descent  or  succession : 

Regulating  the  practice  or  jurisdiction  of,  or  changing  the  rules  of 
evidence  in  any  judicial  proceeding  or  inquiry  before  courts,  justices  of 
the  peace,  sheriffs,  commissioners,  arbitrators  or  other  tribunals,  or  pro- 
viding or  changing  methods  for  the  collection  of  debts,  or  the  enforce- 
ing  of  judgments,  or  prescribing  the  effect  of  judicial  sales  of  real  estate: 
Regulating  the  fees  or  extending  the  powers  and  duties  of  aldermen, 
justices  of  the  peace,  magistrates  or  constables : 

Regulating  the  management  of  public  schools,  the  building  or  repair- 
ing of  school  houses,  and  the  raising  of  money  for  such  purposes : 

Fixing  the  rate  of  interest: 

Affecting  the  estates  of  minors  or  persons  under  disability: 


206 


Remitting  fines,  penalties  and  forfeitures,  or  refunding  moneys  legally 
paid  into  the  treasury : 

Exempting  property  from  taxation : 

Regulating  labor,  trade,  mining  or  manufacturing: 

Creating  corporations,  or  amending,  renewing,  extending  or  explaining 
the  charter  thereof  : 

Granting  to  any  corporation,  association  or  individual  any  special  or 
exclusive  right,  privilege  or  immunity,  or  to  any  corporation;  association 
or  individual  the  right  to  lay  down  a railroad  track : 

Declaring  any  named  person  of  age : 

Extending  the  time  for  the  assessment  or  collection  of  taxes,  or  other- 
wise relieving  any  assessor  or  collector  of  taxes  from  the  due  perform- 
ance of  their  official  duties,  or  their  securities  from  liability : 

Giving  effect  to  informal  or  invalid  wills  or  deeds : 

Summoning  or  empaneling  grand  or  petit  juries: 

For  limitation  of  civil  actions: 

Legalizing  the  unauthorized  or  invalid  acts  of  any  officer  or  agent  of 
the  state,  or  of  any  county  or  municipality  thereof.  In  all  other  cases 
where  a general  law  can  be  made  applicable,  no  local  or  special  law  shall 
be  enacted;  and  whether  a general  law  could  have  been  made  applicable 
in  any  case  is  hereby  declared  a judicial  question,  and  as  such  shall  be 
judicially  determined  without  regard  to  any  legislative  assertion  on  that 
subject : 

Nor  shall  the  general  assembly  indirectly  enact  such  special  or  local 
law  by  the  partial  repeal  of  a general  law  ; but  laws  repealing  local  or 
special  acts  may  be  passed. — Mo.  (1875),  Art.  4. 

Sec.  26.  The  legislative  assembly  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say:  For  granting 
divorces;  laying  out,  opening,  altering  or  working  roads  or  highways; 
vacating  roads,  town  plats,  streets,  alleys  or  public  grounds;  locating  or 
changing  county  seats;  regulating  county  or  township  affairs;  regulating 
the  practice  in  courts  of  justice;  regulating  the  jurisdiction  and  duties 
of  justices  of  the  peace,  police  magistrates  or  constables;  changing  the 
rules  of  evidence  in  any  trial  or  inquiry;  providing  for  changes  of  venue 
in  civil  or  criminal  cases;  declaring  any  person  of  age;  for  limitation  of 
civil  actions,  or  giving  effect  to  informal  or  invalid  deeds;  summoning  or 
impaneling  grand  or  petit  juries;  providing  for  the  management  of  com- 
mon schools;  regulating  the  rate  of  interest  on  money;  the  opening  or 
conducting  of  any  election  or  designating  the  place  of  voting;  the  sale 
or  mortgage  of  real  estate  belonging  to  minors  or  others  under  disability; 
chartering  or  licensing  ferries  or  bridges  or  toll  roads;  chartering  banks, 
insurance  companies  and  loan  and  trust  companies;  remitting  fines, 
penalties  or  forfeitures;  creating,  increasing  or  decreasing  fees,  per  cent- 
ages  or  allowances  of  public  officers;  changing  the  law  of  decent;  grant- 
ing to  any  corporation,  association  or  individual  the  right  to  lay  down 
railroad  tracks,  or  any  special  or  exclusive  privilege,  immunity  or  fran- 
chise whatever;  for  the  punishment  of  crimes;  changing  the  names  of 
persons  or  places;  for  the  assessment  or  collection  of  taxes;  affecting 
estates  of  deceased  persons,  minors  or  others  under  legal  disabilities; 
extending  the  time  for  the  collection  of  taxes;  refunding  money  paid  into 
the  state  treasury;  relinquishing  or  extinguishing  in  whole  or  in  part 


the  indebtedness,  liability  or  obligation  of  any  corporation  or  person  in 
this  state,  or  to  any  municipal  corporation  therein;  exempting  property 
from  taxation;  restoring  to  citizenship  persons  convicted  of  infamous 
crimes;  authorizing  the  creation,  extension  or  impairing  of  liens;  cre- 
ating offices,  or  prescribing  the  powers  or  duties  of  officers  in  counties, 
cities,  township  or  school  districts  ; or  authorizing  the  adoption  or  legiti- 
mation of  children.  In  all  other  cases  where  a general  law  can  be  made 
applicable,  no  special  law  shall  be  enacted. — Mont.  (1889),  Art.  5. 

Sec.  15.  The  legislature  shall  not  pass' local  or  special  laws  in  any  of 
the  following  cases,  that  is  to  say : For  granting  divorces.  Changing 

the  names  of  persons  or  places.  Laying  out,  opening,  altering,  and  work- 
ing roads  or  highways.  Yacafing  roads,  town  plats,  streets,  alleys  and 
public  grounds.  Locating  or  changing  county  seats.  Regulating  county 
and  township  offices.  Regulating  the  practice  of  courts  of  justice.  Regu- 
lating the  jurisdiction  and  duties  of  justices  of  the  peace,  police  magis- 
trates, and  constables.  Providing  for  changes  of  venue  in  civil  and 
criminal  cases.  Incorporating  cities,  towns  and  villages,  or  changing  or 
amending  the  charter  of  any  town,  city  or  village.  Providing  for  the 
election  of  officers  in  townships,  incorporated  towns,  or  cities.  Sum- 
moning or  impaneling  grand  or  petit  jurors.  Providing  for  the  bonding 
of  cities,  towns,  precincts,  school  districts,  or  other  municipalities.  Pro- 
viding for  the  management  of  public  schools.  Regulating  the  interest  on 
money,  the  opening  and  conducting  of  any  election,  or  designating  the 
place  of  voting.  The  sale  or  mortgage  of  real  estate  belonging  to  minors, 
or  others  under  disability.  The  protection  of  game  or  fish.  Chartering 
or  licensing  ferries,  or  toll  bridges,  remitting  fines,  penalties  or  for- 
feitures, creating,  increasing  and  decreasing  fees,  percentage  or  allow- 
ances of  public  officers  during  the  term  for  which  said  officers  are 
elected  or  appointed.  Changing  the  law  of  descent.  Granting  to  any 
corporation,  association,  or  individual,  the  right  to  lay  down  railroad 
tracks,  or  amending  existing  charters  for  such  purposes.  Granting  to  ^ 
any  corporation,  association,  or  individual  any  special  or  exclusive  priv- 
ileges, immunity,  or  franchise  whatever.  In  all  other  cases  where  a gen- 
eral law  can  be  made  applicable,  no  special  law  shall  be  enacted. — Net). 
(1875),  Art.  3. 

Sec.  20.  The  legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enumerated  cases — that  is  to  say:  Regulating  the  juris- 
diction and  duties  of  the  justices  of  the  peace  and  of  constables;  for  the 
punishment  of  crimes  and  misdemeanors;  regulating  the  practice  of 
courts  of  justice;  providing  for  changing  the  venue  in  civil  and  criminal 
cases ; granting  divorces ; changing  the  names  of  persons ; vacating  roads, 
town  plots,  streets,  alleys  and  public  squares;  summoning  and  impanel- 
ing grand  and  petit  juries,  and  providing  for  their  compensation;  regu- 
lating county  and  township  business;  regulating  the  election  of  county 
and  township  officers ; for  the  assessment  and  collection  of  taxes  for  state, 
county  and  township  purposes;  providing  for  opening  and  conducting 
elections  of  state,  county  and  township  officers,  and  designating  the 
places  of  voting;  providing  for  the  sale  of  real  estate  or  personal  prop- 
erty belonging  to  minors  or  other  persons  under  legal  disabilities ; giving 
effect  to  invalid  deeds,  wills  or  other  instruments;  refunding  money  paid 


208 


into  state  treasury,  or  into  the  treasury  of  any  county;  releasing  the 
indebtedness,  liability  or  obligation  of  any  corporation,  association  or 
person  to  the  state,  or  to  any  county,  town  or  city  of  this  state.  But 
nothing  in  this  section  shall  be  construed  t.o  deny  or  restrict  the  power 
of  the  legislature  to  establish  and  regulate  the  compensation  and  fees  of 
county  and  towmship  officers;  to  establish  and  regulate  the  rates  of 
freight,  passage,  toll  and  charges  of  railroads,  toll  roads,  ditch,  flume 
and  tunnel  companies  incorporated  under  the  laws  of  this  state  or  doing 
business  therein. — Nev.  (1864),  Art.  4 (Amdt.  1889). 

Sec.  21.  In  all  cases  enumerated  in.  the  preceding  section,  and  in  all 
other  cases  where  a general  law  can  be  made  applicable,  all  laws  shall 
be  general  and  of  uniform  operation  throughout  the  state. — Nev.  (1864), 
Art.  4. 

11.  The  legislature  shall  not  pass  private,  local  or  special  laws  in  any 
of  the  following  enumerated  cases;  that  is  to  say: 

Laying  out,  opening,  altering  and  working  roads  or  highways. 

Vacating  any  road,  town  plot,  street,  alley  or  public  grounds. 

Regulating  the  internal  affairs  of  towns  and  counties;  appointing  local 
offices  or  commissions  to  regulate  municipal  affairs. 

Selecting,  drawing,  summoning  or  empaneling  grand  or  petit  jurors. 

Creating,  increasing  or  decreasing  the  percentage  or  allowance  of  pub- 
lic officers  during  the  term  for  which  said  officers  were  elected  or  ap- 
pointed. 

Changing  the  law  of  descent. 

Granting  to  any  corporation,  association  or  individual  any  exclusive 
privilege,  immunity  or  franchise  whatever. 

Granting  to  any  corporation,  association  or  individual  the  right  to  lay 
down  railroad  tracks. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Providing  for  the  management  and  support  of  free  public  schools. 

The  legislature  shall  pass  general  laws  providing  for  the  cases  enumer- 
ated in  this  paragraph,  and  for  all  other  cases  which,  in  its  judgment, 
may  be  provided  for  by  general  laws.  The  legislature  shall  pass  no  special 
act  conferring  corporate  powers,  but  they  shall  pass  general  laws  under 
which  corporations  may  be  organized  and  corporate  powers  of  every 
nature  obtained,  subject,  nevertheless,  to  repeal  or  alteration  at  the  will 
of  the  legislature. — N.  ■/.  (1844),  Art.  4,  Sec,  7.  Cl.  11. 

Sec.  18.  The  legislature  shall  not  pass  a private  or  local  bill  in  any 
of  the  following  cases: 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads,  high- 
ways or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit  jurors. 

Regulating  the  rate  of  interest  on  money. 


209 


The  opening  and  conducting  of  elections  or  designating  places  of 
voting. 

Creating,  increasing  or  decreasing  fees,  percentages  or  allowances  of 
public  officers,  during  the  term  for  which  said  officers  are  elected  or 
appointed. 

Granting  to  any  corporation,  association  or  individual  the  right  to  lay 
down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual  any 
exclusive  privilege,  immunity  or  franchise  whatever. 

Providing  for  building  bridges,  and  chartering  companies  for  such  pur- 
poses, except  on  the  Hudson  river  below  Waterford,  and  on  the  East 
river,  or  over  the  waters  forming  a part  of  the  boundaries  of  the  state. 

The  legislature  shall  pass  general  laws  providing  for  the  cases  enumer- 
ated in  this  section,  and  for  all  other  cases  which  in  its  judgment,  may 
be  provided  for  by  general  laws.  But  no  law  shall  authorize  the  con- 
struction or  operation  of  a street  railroad  except  upon  the  condition 
that  the  consent  of  the  owners  of  one-half  in  value  of  the  property 
bounded  on,  and  the  consent  also  of  the  local  authorities  having  the  con- 
trol of,  that  portion  of  a street  or  highway  upon  which  it  is  proposed 
to  construct  or  operate  such  railroad  be  first  obtained,  or  in  case  the 
consent  of  such  property  owners  cannot  be  obtained,  the  appellate  di- 
vision of  the  supreme  court,  in  the  department  in  which  it  is  proposed  to 
be  constructed,  may,  upon  application,  appoint  three  commissioners  who 
shall  determine,  after  a hearing  of  all  parties  interested,  whether  such 
railroad  ought  to  be  constructed  or  operated,  and  their  determination, 
confirmed  by  the  court,  may  be  taken  in  lieu  of  the  consent  of  the  prop- 
erty owners. — N.  Y.  (1894),  Art.  3. 

Sec.  11.  The  general  assembly  shall  not  have  power  to  pass  any  pri- 
vate law  to  alter  the  name  of  any  person,  or  to  legitimate  any  person  not 
born  in  lawful  wedlock,  o^  to  restore  to  the  rights  of  citizenship  any 
person  convicted  of  an  infamous  crime,  but  shall  have  power  to  pass 
general  laws  regulating  the  same. — Y.  C.  (1875),  Art.  2. 

# 

Sec.  69.  The  legislative  assembly  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases,  that  is  to  say : 

1.  For  granting  divorces. 

2.  Laying  out,  opening,  altering,  or  working  roads  or  highways,  va- 
cating roads,  town  plats,  streets,  alleys  or  public  grounds. 

3.  Locating  or  changing  county  seats. 

4.  Begulating  county  or  township  affairs. 

5.  Regulating  the  practice  of  courts  of  justice. 

6.  Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  or  constables. 

7.  Changing  the  rules  of  evidence  in  any  trial  or  inquiry. 

8.  Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

9.  Declaring  any  person  of  age. 

10.  For  limitation  of  civil  actions,  or  giving  effect  to  informal  or 
invalid  deeds. 

11.  Summoning  or  impaneling  grand  or  petit  juries. 

12.  Providing  for  the  management  of  common  schools. 

13.  Regulating  the  rate  of  interest  on  money. 

27 — Legislative  Dept. 


210 


14.  The  opening  or  conducting  of  any  election  or  designating  the 
place  of  voting. 

15.  The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability. 

16.  Chartering  or  licensing  ferries,  toll  bridges  or  toll  roads. 

17.  Remitting  fines,  penalties  or  forfeitures. 

18.  Creating,  increasing  or  decreasing  fees,  percentages  or  allow- 
ances of  public  officers. 

19.  Changing  the  law  of  descent. 

20.  Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks,  or  any  special  or  exclusive  privilege,  im- 
munity or  franchise  whatever. 

21.  For  the  punishment  of  crimes. 

22.  Changing  the  names  of  persons  or  places. 

23.  For  the  assessment  or  collection  of  taxes. 

24.  Affecting  estates  of  deceased  persons,  minors  or  others  under 
legal  disabilities. 

25.  Extending  the  time  for  the  collection  of  taxes. 

26.  Refunding  money  into  the  state  treasury. 

27.  Relinquishing  or  extinguishing  in  whole  or  in  part  the  indebted- 
ness, liability  or  obligation  of  any  corporation  or  person  to  this  state,  or 
to  any  municipal  corporation  therein. 

28.  Legalizing,  except  as  against  the  state,  the  unauthorized  or  in- 
valid act  of  any  officer. 

29.  Exempting  property  from  taxation. 

30.  Restoring  to  citizenship  persons  convicted  of  infamous  crimes. 

31.  Authorizing  the  creation,  extention  or  imparing  of  liens. 

32.  Creating  offices,  or  prescribing  the  powers  or  duties  of  officers 
in  counties,  cities,  townships,  election  or  school  districts,  or  authorizing 
the  adoption  or  legitimation  of  children. 

33.  incorporation  of  cities,  towns  or  villages,  or  changing  or  amend- 
ing the  charter  of  any  town,  city  or  village. 

34.  Providing  for  the  election  of  members  of  the  board  of  supervisors 
in  townships,  incorporated  towns  or  cities. 

35.  The  protection  of  game  or  fish. — A.  Dak.  (1889),  Art.  2,  See.  69. 

Sec.  46.  The  legislature  shall  not,  except  as  otherwise  provided  in 
this  constitution,  pass  any  local  or  special  law  authorizing: 

The  creation,  extension,  or  impairing  of  liens; 

Regulating  the  affairs  of  counties,  cities,  towns,  wards,  or  school  dis- 
tricts ; 

Cha  nging  the  names  of  persons  or  places; 

Authorizing  the  laying  out,  opening,  altering  or  maintaining  of  roads, 
highways,  streets,  or  alleys; 

Relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge  com 
panics,  except  for  the  erection  of  bridges  crossing  streams  which  form 
boundaries  between  this  and  any  other  state; 

Vacating  roads,  town  plats,  streets,  or  alleys; 

Relating  to  cemeteries,  graveyards,  or  public  grounds  not  owned  by 
the  state ; 

Authorizing  the  adoption  or  legitimation  of  children; 

Locating  or  changing  county  seats; 


211 


Incorporating  cities,  towns,  or  villages,  or  changing  their  charters; 

For  the  opening  and  conducting  of  elections,  or  fixing  or  changing 
the  places  of  voting; 

Granting  divorces; 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers,  in 
counties,  cities,  towns,  election  or  school  districts; 

Changing  the  law  of  descent  or  succession ; 

Regulating  the  practice  or  jurisdiction  of,  or  changing  the  rules  of  evi- 
dence in  judicial  proceedings  or  inquiry  before  the  courts,  justices  of  the 
peace,  sheriffs,  commissioners,  arbitrators,  or  other  tribunals,  or  provid 
ing  or  changing  the  methods  for  the  collection  of  debts,  or  the  enforce- 
ment of  judgments  or  prescribing  the  effect  of  judicial  sales  of  real 
estate ; 

Regulating  the  fees,  or  extending  the  powers  and  duties  of  aldermen, 
justices  of  the  peace,  or  constables; 

Regulating  the  management  of  public  schools,  the  building  or  repair- 
ing of  school  houses,  and  the  raising  of  money  for  such  purposes; 

Fixing  the  rate  of  interest; 

Affecting  the  estate  of  minors,  or  persons  under  disability ; 

Remitting  fines,  penalties  and  forfeitures,  and  refunding  moneys  legally 
paid  into  the  treasury ; 

Exempting  property  from  taxation ; 

Declaring  any  named  person  of  age; 

Extending  the  time  for  the  assessment  or  collection  of  taxes,  or  other- 
wise relieving  any  assessor  or  collector  of  taxes  from  due  performance 
of  his  official  duties,  or  his  securities  from  liability; 

Giving  effect  to  informal  or  invalid  wills  or  deeds; 

Summoning  or  impaneling  grand  or  petit  juries; 

For  limitation  of  civil  or  criminal  actions; 

For  incorporating  railroads  or  other  works  of  internal  improvements; 

Providing  for  change  of  venue  in  civil  and  criminal  cases. — Okla. 

(1907),  Art.  5. 

Sec.  23.  The  legislative  assembly  shall  not  pass  special  or  local  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say: 

1.  Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,  and 
of  constables; 

2.  For  the  punishment  of  crimes  and  misdemeanors; 

3.  Regulating  the  practice  in  courts  of  justice ; 

4.  Providing  for  changing  the  venue  in  civil  and  criminal  cases; 

5.  Granting  divorces; 

6.  Changing  the  names  of  persons; 

7.  For  laying,  opening  and  working  on  highways,  and  for  the  election 
or  appointment  or  supervisors; 

8.  Vacating  roads,  town  plats,  streets,  alleys  and  public  squares ; 

9.  Summoning  and  empaneling  grand  and  petit  jurors ; 

10.  For  the  assessment  and  collection  of  taxes  for  state,  county,  town- 
ship or  road  purposes; 

11.  Providing  for  supporting  common  schools,  and  for  the  preser- 
vation of  school  funds; 

12.  In  relation  to  interest  on  money ; 

13.  Providing  for  opening  and  conducting  the  elections  of  state, 
county  or  township  officers,  and  designating  the  places  of  voting; 


212 


14.  Providing  for  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilities,  by  executors,  administrators, 
guardians  or  trustees. — Ore.  (1857),  Art.  4. 

Sec.  7.  The  general  assembly  shall  not  pass  any  local  or  special  law 
authorizing  the  creation,  extension  or  impairing  of  liens;  regulating  the 
affairs  of  counties,  cities,  townships,  wards,  boroughs  or  school  districts ; 
changing  the  names  of  persons  or  places ; changing  the  venue  in  civil  or 
criminal  cases;  authorizing  the  laying  out,  opening,  altering  or  main- 
taining roads,  highways,  streets  or  alleys ; relating  to  ferries  or  bridges, 
or  incorporating  ferry  or  bridge  companies,  except  for  the  erection  of 
bridges  crossing  streams  which  form  boundaries  between  this  and  any 
other  state;  vacating  roads,  town  plats,  streets  or  alleys;  relating  to 
cemeteries,  grave  yards,  or  public  grounds  not  of  the  state;  authorizing 
the  adoption  or  legitimation  of  children;  locating  or  changing  county 
seats;  erecting  new  counties  or  changing  county  liens;  incorporating 
cities,  towns  or  villages  or  changing  their  characters;  for  the  opening 
and  conducting  of  elections  or  fixing  or  changing  the  place  of  voting; 
granting  divorces;  erecting  new  townships  and  boroughs;  changing  town- 
ship lines,  borough  limits,  or  school  districts;  creating  offices  or  prescrib- 
ing the  powers  and  duties  of  officers  in  counties,  cities,  boroughs,  town- 
ships, election  or  school  districts;  changing  the  law  of  descent  or  suc- 
cession ; regulating  the  practice  or  jurisdiction  of.  or  changing  the  rules 
of  evidence  in,  any  judicial  proceeding  or  inquiry  before  courts,  aider- 
men,  justices  of  the  peace,  sheriffs,  commissioners,  arbitrators,  auditors, 
masters  in  chancery,  or  other  tribunals,  or  providing  or  changing  methods 
for  the  collection  of  debts,  or  the  enforcing  of  judgments,  or  prescribing 
the  effect  of  judicial  sales  of  real  estate;  regulating  the  fees  or  extending 
the  powers  and  duties  of  aldermen,  justices  of  the  peace,  magistrates  or 
constables;  regulating  the  management  of  public  schools,  the  building  or 
repairing  of  school  houses  and  the  raising  of  money  for  such  purposes; 
fixing  the  rate  of.  interest ; affecting  the  estates  of  minors  or  persons  under 
disability,  except  after  due  notice  to  all  parties  in  interest,  to  be  recited 
in  the  special  enactment;  remitting  fines,  penalties  and  forfeitures  or  re- 
funding moneys  legally  paid  into  the  treasury;  exempting  property  from 
taxation;  regulating  labor,  trade,  mining  or  manufacturing;  creating 
corporations  or  amending,  renewing  or  extending  the  charters  thereof; 
granting  to  any  corporation,  association  or  individual  any  special  or 
exclusive  privilege  or  immunity,  or  to  any  corporation,  association  or 
individual  the  right  to  lay  down  a railroad  track ; nor  shall  the  general 
assembly  indirectly  enact  such  special  or  local  law  by  the  partial  repeal 
of  a general  law;  but  laws  repealing  local  or  special  acts  may  be  passed; 
nor  shall  any  law  be  passed  granting  powers  or  privileges  in  any  case 
where  the  granting  of  such  powers  and  privileges  shall  have  been  pro- 
vided for  by  general  law,  nor  where  the  courts  have  jurisdiction  to  grant 
the  same  or  give  the  relief  asked  for. — Pa.  (1873),  Art.  3. 

Sec.  34.  The  general  assembly  of  this  state  shall  not  enact  local  or 
special  laws  concerning  any  of  the  following  subjects  or  for  any  of  the 
following  purposes,  to  wit: 

1.  To  change  the  names  of  persons  or  places. 

2.  To  lay  out,  open,  alter  or  work  roads  or  highways. 


213 


3.  To  incorporate  cities,  towns  or  villages,  or  change,  am^nd  or  ex- 
tend the  charter  thereof, 

4.  To  incorporate  educational,  religious,  charitable,  social,  manufac- 
turing or  banking  institutions  not  under  control  of  the  state,  or  amend 
or  extend  the  charters  thereof. 

5.  To  incorporate  school  districts. 

6.  To  authorize  the  adoption  or  legitimation  of  children. 

7.  To  provide  for  the  protection  of  game. 

8.  To  summon  and  empanel  grand  or  petit  jurors. 

9.  To  provide  for  the  age  at  which  citizens  shall  be  subject  to  road 
or  other  public  duty. 

10.  To  fix  the  amount  or  manner  of  compensation  to  be  paid  to  any 
county  officer  except  that  the  laws  may  be  so  made  as  to  grade  the  com- 
pensation in  proportion  to  the  population  and  necessary  service  required. 

11.  In  all  other  cases,  where  a general  law  can  be  made  applicable,  no 
special  law  shall  be  enacted. 

12.  The  general  assembly  shall  forthwith  enact  general  laws  con- 
cerning said  subjects  for  said  purposes,  which  shall  be  uniform  in  their 
operations:  Provided.  That  nothing  contained  in  this  section  shall  pro- 
hibit the  general  assembly  from  enacting  special  provisions  in  general 
laws. 

13.  The  provisions  of  this  section  shall  not  apply  to  charitable  and 
educational  corporations  where,  under  the  terms  of  a gift,  devise,  or 
will,  special  incorporation  may  be  required. — 8.  C.  (1895),  Art.  3. 

Sec.  23.  The  legislature  is  prohibited  from  enacting  any  private  or 
special  laws  in  the  following  cases: 

1.  Granting  divorces. 

2.  Changing  the  names  of  persons  or  places,  or  constituting  one 
person  the  heir  at  law  of  another. 

3.  Locating  or  changing  county  seats. 

4.  Regulating  county  and  township  affairs. 

5.  Incorporating  cities,  towns  and  villages  or  changing  or  amending 
the  charter  of  any  town,  city  or  village,  or  laying  out,  opening,  vacating 
or  altering  town  plats,  streets,  wards,  alleys  and  public  ground. 

0.  Providing  for  sale  or  mortgage  of  real  estate  belonging  to  minors 
or  others  under  disability. 

7.  Authorizing  persons  to  keep  ferries  across  streams  wholly  within 
the  state. 

8.  Remitting  fines,  penalties  or  forfeitures. 

9.  Granting  to  an  individual,  association  or  corporation  any  special 
or  exclusive  privilege,  immunity  or  franchise  whatever. 

10.  Providing  for  the  management  of  common  schools. 

11.  Creating,  increasing  or  decreasing  fees,  percentages  or  allowances 
of  public  officers  during  the  term  for  which  said  officers  are  elected  or 
appointed. 

But  the  legislature  may  repeal  any  existing  special  law  relating  to  the 
foregoing  subdivisions. 

In  all  other  cases  where  a general  law  can  be  applicable  no  special 
law  shall  be  enacted. — 8'.  D.  (1889),  Art.  3. 

Sec.  G.  The  legislature  shall  have  no  power  to  change  the  names  of 
persons,  or  to  pass  acts  adopting  or  legitimatizing  (legitimating  or 


214 


legitimizing)  persons;  but  shall,  by  general  laws,  confer  this  power  on 
the  courts. — Tenn.  (1870),  Art.  11. 

Sec.  56.  The  legislature  shall  not,  except  as  otherwise  provided  in 
this  constitution,  pass  any  local  or  special  law,  authorizing — 

The  creation,  extension  or  impairing  of  liens; 

Regulating  the  affairs  of  counties,  cities,  towns,  wards  or  school  dis- 
tricts; 

Changing  the  names  of  persons  or  places; 

Changing  the  venue  in  civil  or  criminal  cases; 

Authorizing  the  laying  out,  opening,  altering  or  maintaining  of  roads, 
highways,  streets  or  alleys; 

Relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge  com- 
panies, except  for  the  erection  of  bridges  crossing  streams  which  form 
boundaries  between  this  and  any  other  state; 

Vacating  roads,  town  plats,  streets  or  alleys; 

Relating  to  cemeteries,  graveyards,  or  public  grounds  not  of  the  state; 

Authorizing  the  adoption  or  legitimation  of  children ; 

Locating  or  changing  county  seats; 

Incorporating  cities,  towns  or  villages,  or  changing  their  charters; 

For  the  opening  and  conducting  of  elections,  or  fixing  or  changing  the 
places  of  voting; 

Granting  divorces; 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers,  in 
counties,  cities,  towns,  election  or  school  districts; 

Changing  the  law  of  descent  or  succession; 

Regulating  the  practice  or  jurisdiction  of,  or  changing  the  rules  of 
evidence  in  any  judicial  proceeding  or  inquiry  before  courts,  justices  of 
the  peace,  sheriff's,  commissioners,  arbitrators  or  other  tribunals,  or  pro- 
viding or  changing  methods  for  the  collection  of  debts,  or  the  enforcing 
of  judgments,  or  prescribing  the  effect  of  judicial  sales  of  real  estate; 

Regulating  the  fees,  or  extending  the  powers  and  duties  of  aldermen, 
justices  of  the  peace,  magistrates  or  constables; 

Regulating  the  management  of  public  schools,  the  building  or  repair- 
ing of  school  houses,  and  the  raising  of  money  for  such  purposes; 

Fixing  the  rate  of  interest; 

Affecting  the  estates  of  minors,  or  persons  under  disability; 

Remitting  fines,  penalties  and  forfeitures,  and  refunding  moneys 
legally  paid  into  the  treasury; 

Exempting  property  from  taxation; 

Regulating  labor,  trade,  mining  and  manufacturing; 

Declaring  any  named  person  of  age; 

Extending  the  time  for  the  assessment  or  collection  of  taxes,  or  other- 
wise relieving  any  assessor  or  collector  of  taxes  from  the  due  perform- 
ance of  his  official  duties,  or  his  securities  from  liability; 

Giving  effect  to  informal  or  invalid  wills  or  deeds; 

Summoning  or  impaneling  grand  or  petit  juries; 

For  limitation  of  civil  or  criminal  actions; 

For  incorporating  railroads  or  other  works  of  internal  improvements; 

And  in  all  other  cases  where  a general  law  can  be  made  applicable, 
no  local  or  special  law  shall  be  enacted:  Provided , That  nothing  herein 
contained  shall  be  construed  to  prohibit  the  legislature  from  passing 


215 


special  laws  for  the  preservation  of  the  game  and  fish  of  this  state  in 
certain  localities. — Tex.  (1875),  Art.  3. 

Sec.  26.  The  legislature  is  prohibited  from  enacting  any  private 
or  special  laws  in  the  following  cases : 

First. — Granting  divorce. 

Second. — Changing  the  names  of  persons  or  places,  or  constituting  one 
person  the  heir-at-law  of  another. 

Third. — Locating  or  changing  county  seats. 

Fourth. — Regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace. 

Fifth. — Punishing  crimes  and  misdemeanors. 

Sixth. — Regulating  the  practice  of  courts  of  justice. 

Seventh. — Providing  for  a change  of  venue  in  civil  or  criminal  actions. 

Eighth. — Assessing  and  collecting  taxes. 

Ninth. — Regulating  the  interest  on  money. 

Tenth. — Changing  the  law  of  descent  or  succession. 

Eleventh. — Regulating  county  and  township  affairs. 

Twelfth. — Incorporating  cities,  towns  or  villages;  changing  or  amend- 
ing the  charter  of  any  city,  town  or  village;  laying  out,  opening,  vacat- 
ing or  altering  town  plats,  highways,  streets,  wards,  alleys  or  public 
grounds. 

Thirteenth. — Providing  for  sale  or  mortgage  of  real  estate  belonging 
to  minors  or  others  under  disability. 

Fourteenth. — Authorizing  persons  to  keep  ferries  across  streams  within 
the  state. 

Fifteenth. — Remitting  fines,  penalties  or  forfeitures. 

Sixteenth. — Granting  to  an  individual,  association  or  corporation  any 
privilege,  immunity  or  franchise. 

Seventeenth. — Providing  foi^the  management  of  common  schools. 

Eighteenth. — Creating,  increasing  or  decreasing  fees,  percentages  or 
allowances  of  public  officers  during  the  term  for  which  said  officers  are 
elected  or  appointed. 

The  legislature  may  repeal  any  existing  special  law  relating  to  the 
foregoing  subdivisions. 

In  all  cases  where  a general  law  can  be  applicable,  no  special  law 
shall  be  enacted. 

Nothing  in  this  section  shall  be  construed  to  deny  or  restrict  the 
power  of  the  legislature  to  establish  and  regulate  the  compensation  and 
fees  of  county  and  township  officers;  to  establish  and  regulate  the  rates 
of  freight,  passage,  toll  and  charges  of  railroads,  toll  roads,  ditch,  flume 
and  tunnel  companies,  incorporated  under  the  laws  of  the  state  or  doing 
business  therein. — Utah  (1896),  Art.  6. 

Sec.  63.  The  general  assembly  shall  confer  on  the  courts  power  to 
grant  divorces,  change  the  names  of  persons,  and  direct  the  sale  of* 
estates  belonging  to  infants  and  other  persons  under  legal  disabilities, 
and  shall  not,  by  special  legislation,  grant  relief  in  these  or  other  cases 
of  which  the  courts  or  other  tribunals  may  have  jurisdiction.  The 
general  assembly  may  regulate  the  exercise  by  courts  of  the  right  to 
punish  for  contempt.  The  general  assembly  shall  not  enact  any  local, 
special,  or  private  law  in  the  following  cases : 


216 


1.  For  the  punishment  of  crime. 

2.  Providing  a change  of  venue  in  civil  or  criminal  cases. 

3.  Regulating  the  practice  in,  or  the  jurisdiction  of,  or  changing  the 
rules  of  evidence  in  any  judicial  proceedings  or  inquiry  before,  the 
courts  or  other  tribunals,  or  providing  or  changing  the  methods  of  col- 
lecting debts  or  enforcing  judgments,  or  prescribing  the  effect  of  judicial 
sales  of  real  estate. 

4.  Changing  or  locating  county  seats. 

5.  For  the  assessment  and  collection  of  taxes,  except  as  to  animals 
which  the  general  assembly  may  deem  dangerous  to  the  farming  in- 
terests. 

6.  Extending  the  time  for  the  assessment  or  collection  of  taxes. 

7.  Exempting  property  from  taxation. 

8.  Remitting,  releasing,  postponing,  or  diminishing  any  obligation  or 
liability  of  any  person,  corporation,  or  association,  to  the  state  or  to  any 
political  subdivision  thereof. 

9.  Refunding  money  lawfully  paid  into  the  treasury  of  the  state  or 
the  treasury  of  any  political  subdivision  thereof. 

10.  Granting  from  the  treasury  of  the  state,  or  granting  or  authoriz- 
ing to  be  granted  from  the  treasury  of  any  political  subdivision  thereof, 
any  extra  compensation  to  any  public  officer,  servant,  agent,  or  con- 
tractor. 

11.  For  conducting  elections  or  designating  the  places  of  voting. 

12.  Regulating  labor,  trade,  mining  or  manufacturing,  or  the  rate  of 
interest  on  money. 

13.  Granting  any  pension  or  pensions. 

14.  Creating,  increasing,  or  decreasing,  or  authorizing  to  be  created, 
increased,  or  decreased,  the  salaries,  fees,  percentages,  or  allowances  of 
public  officers  during  the  term  for  which  they  are  elected  or  appointed. 

15.  Declaring  streams  navigable,  or  authorizing  the  construction  of 
booms  or  dams  therein,  or  the  removal  of  obstructions  therefrom. 

16.  Affecting  or  regulating  fencing  or  the  boundaries  of  land,  or  the 
running  at  large  of  stock. 

17.  Creating  private  corporations,  or  amending,  renewing,  or  extend- 
ing the  charters  thereof. 

18.  Granting  to  any  private  corporation,  association,  or  individual 
any  special  or  exclusive  right,  privilege  or  immunity. 

. 19.  Naming  or  changing  the  name  of  any  private  corporation  or  asso- 
ciation. 

20.  Remitting  the  forfeiture  of  the  charter  of  any  private  corporation 
except  upon  the  condition  that  such  corporation  shall  thereafter  hold 
its  charter  subject  to  the  provisions  of  this  constitution  and  the  laws 
passed  in  pursuance  thereof. — Ya.  (1902),  Art.  4. 

Sec.  28.  The  legislature  is  prohibited  from  enacting  any  private  or 
special  law’  in  the  following  cases: 

1.  For  changing  the  names  of  persons,  or  constituting  one  person 
the  heir-at-lawr  of  another. 

2.  For  laying  out,  opening  or  altering  highways,  except  in  cases  of 
state  roads  extending  into  more  than  one  county,  and  military  roads  to 
aid  in  the  construction  of  which  lands  shall  have  been  or  may  be  granted 
by  congress. 


3.  For  authorizing  persons  to  keep  ferries  wholly  within  this  state. 

4.  For  authorizing  the  sale  or  mortgage  of  real  or  personal  property 
of  minors,  or  others  under  disability. 

o.  For  assessment  or  collection  of  taxes,  or  for  extending  the  time 
of  collection  thereof. 

6.  For  granting  corporate  powers  or  privileges. 

7.  For  authorizing  the  apportionment  of  any  part  of  the  school  fund. 

8.  For  incorporating  any  town  or  village,  or  to  amend  the  charter 
thereof. 

9.  From  giving  effect  to  invalid  deeds,  wills  or  other  instruments. 

10.  Releasing  or  extinguishing,  in  whole  or  in  part,  the  indebtedness, 
liability  or  other  obligation  of  any  person  or  corporation  to  this  state, 
or  to  any  municipal  corporation  therein. 

11.  Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell, 
lease  or  encumber  his  or  her  property. 

12.  Legalizing,  except  as  against  the  state,  the  unauthorized  or  in- 
valid act  of  any  officer. 

13.  Regulating  the  rates  of  interest  on  money. 

14.  Remitting  fines,  penalties  or  forfeitures. 

15.  Providing  for  the  management  of  common  schools. 

16.  Authorizing  the  adoption  of  children. 

17.  For  limitation  of  civil  or  criminal  action. 

18.  Changing  county  lines,  locating  or  changing  county  seats : Pro- 

vided, This  shall  not  be  construed  to  apply  to  the  creation  of  new  coun- 
ties.— Wash.  (1889),  Art.  2. 

Sec.  39.  The  legislature  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases;  that  is  to  say  for: 

Granting  divorces ; 

Laying  out,  opening,  altering  and  working  roads  or  highways ; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  grounds; 

Locating  or  changing  county  seats; 

Regulating  or  changing  county  or  district  affairs; 

Providing  for  the  sale  of  church  property,  or  property  held  for  charit- 
able uses; 

Regulating  the  practice  in  courts  of  justice; 

Incorporating  cities,  towns  or  villages,  or  amending  the  charter  of 
any  city,  town,  or  village,  containing  a population  of  less  than  two 
thousand ; 

Summoning  or  impaneling  grand  or  petit  juries; 

The  opening  or  conducting  of  any  election,  or  designating  the  place 
of  voting; 

The  sale  and  mortgage  of  real  estate  belonging  to  minors,  or  others 
under  disability; 

Chartering,  licensing,  or  establishing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Changing  the  laws  of  descent; 

Regulating  the  rates  of  interest; 

Authorizing  deeds  to  be  made  for  land  sold  for  taxes; 

Releasing  taxes; 

Releasing  title  to  forfeited  lands. 

The  legislature  shall  provide,  by  general  laws,  for  the  foregoing  and 
28 — Legislative  Dept. 


218 


all  other  cases  for  which  provision  can  be  made;  and  in  no  case  shall 
a special  act  be  passed,  where  a general  law  would  be  proper,  and  can 
be  made  applicable  to  the  case,  nor  in  any  other  case  in  which  the 
courts  have  jurisdiction,  and  are  competent  to  give  the  relief  asked  for. 
—W.  Va.  (1872),  Art.  6. 

Sec.  31.  The  legislature  is  prohibited  from  enacting  any  special  or 
private  laws  in  the  following  cases:  1st.  For  changing  the  name  of 

persons  or  constituting  one  person  the  heir-at-law  of  another.  2d.  For 
laying  out,  opening  or  altering  highways  except  in  cases  of  state  roads 
extending  into  more  than  one  county,  and  military  roads,  to  aid  in  the 
construction  of  which  lands  may  be  granted  by  congress.  3d.  For 
authorizing  persons  to  keep  ferries  across  streams,  at  j>oints 
wholly  within  this  state.  4th.  For  authorizing  the  sale  or  mortgage 
of  real  or  personal  property  of  minors  or  others  under  disability.  5th. 
For  locating  or  changing  any  county  seat.  6th.  For  assessment  or 
collection  of  taxes  or  for  extending  the  time  for  collection  thereof.  7th. 
for  granting  corporate  powers  or  privileges,  except  to  cities.  8th.  For 
authorizing  the  apportionment  of  any  part  of  the  school  fund.  9th. 
For  incorporating  any  city,  town  or  village,  or  to  amend  the  charter 
thereof. — 11/8.  (1848),  Amend.  Art.  4 (Arndt.  1871,  1892). 

Sec.  27.  The  legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enumerated  cases,  that  is  to  say:  For  granting  divorces; 
laying  out,  opening,  altering  or  working  roads  or  highways;  vacating 
roads,  town  plats,  streets,  alleys  or  public  grounds;  locating  or  chang- 
ing county  seats;  regulating  county  or  township  affairs;  incorporation  of 
cities,  towns  or  villages;  or  changing  or  amending  the  charters  of  any 
cities,  towns  or  villages;  regulating  the  practice  in  courts  of  justice; 
regulating  the.  jurisdiction  and  duties  of  justices  of  the  peace,  police 
magistrates  or  constables;  changing  the  rules  of  evidence  in  any  trial 
or  inquiry;  providing  for  changes  of  venue  in  civil  or  criminal  cases; 
declaring  any  person  of  age;  for  limitation  of  civil  actions  giving  effect 
to  any  informal  or  invalid  deeds;  summoning  or  impaneling  grand  or 
petit  juries;  providing  for  the  management  of  common  schools;  regulat- 
ing the  rate  of  interest  on  money;  the  opening  or  conducting  of  any 
election  or  designating  the  place  of  voting;  Ihe  sale  or  mortgage  of 
real  estate  belonging  to  minors  or  others  under  disability;  chartering 
or  licensing  ferries  or  bridges  or  toll  roads;  chartering  banks,  insurance 
companies  and  loan  and  trust  companies;  remitting  tines,  penalties  or 
forfeitures;  creating,  increasing,  or  decreasing  fees,  percentages  or  al- 
lowances of  public  officers;  changing  Ihe  law  of  descent;  granting  to  any 
corporation,  association  or  individual,  the  right  to  lay  down  railroad 
tracks,  or  any  special  or  exclusive  privilege,  immunity  or  franchise  what- 
ever, or  amending  existing  charter  for  such  purpose;  for  punishment 
of  crimes;  changing  the  names  of  persons  or  places;  for  the  assessment 
or  collection  of  taxes;  affecting  estates  of  deceased  persons,  minors  or 
others  under  legal  disabilities;  extending  the  time  for  the  collection 
of  taxes;  refunding  money  paid  into  the  state  treasury;  relinquishing  or 
extinguishing,  in  whole  or  part,  the  indebtedness,  liabilities  or  obliga 
tion  of  any  corporation  or  person  to  this  state  or  to  any  municipal 
corporation  therein;  exempting  property  from  taxation;  restoring  to 


219 


* citizenship  persons  convicted  of  infamous  crimes;  authorizing  the  crea- 
tion. extension  or  impairing  of  liens;  creating  offices  or  prescribing  the 
powers  or  duties  of  offices  in  counties,  cities,  townships  or  school 
districts;  or  authorizing  the  adoption  or  legitimation  of  children.  In 
all  other  cases  where  a general  law  can  be  made  applicable  no  special 
law  shall  be  enacted. — Wyo.  (1889),  Art.  3. 


WHEN  SPECIAL  ACTS  NOT  TO  DE  PASSED. 

See.  105.  No  special,  private  or  local  law,  except  a law  fixing  the 
time  of  holding  courts,  shall  be  enacted  in  any  case  which  is  provided 
for  by  a general  law,  or  when  the  relief  sought  can  be  given  by  any 
court  of  this  state;  and  the  courts  and  not  the  legislature,  shall  judge 
as  to  whether  the  matter  of  said  law  is  provided  for  by  a general  law  , 
and  as  to  whether  the  relief  sought  can  be  given  by  any  court;  nor  shall 
the  legislature  indirectly  enact  any  such  special,  private  or  local  law 
by  the  partial  repeal  of  a general  law\ — Ala.  (1901),  Art.  4. 

Sec.  25.  In  all  cases  wThere  a general  law'  can  be  made  applicable 
no  special  lawr  shall  be  enacted;  nor  shall  the  operation  of  any  general 
law'  be  suspended  by  the  legislature  for  the  benefit  of  any  particular 
individual,  corporation  or  association ; nor  w here  the  courts  have  juris- 
diction to  grant  the  pow'ers  or  the  privileges  or  the  relief  asked  for. — 
Ark.  (1874),  Art.  5. 

Sec.  60.  The  general  assembly  shall  not  indirectly  enact  any  special 
or  local  act  by  the  repeal  in  part  of  a general  act,  or  by  exempting 
from  the  operation  of  a general  act  any  city,  town,  district  or  county; 
but  law  s repealing  local  or  special  acts  may  be  enacted.  No  law  shall 
be  enacted  granting  pow'ers  or  privileges  in  any  case  where  the  grant- 
ing of  such  powers  or  privileges  shall  have  been  provided  for  by  a gen- 
eral law,  nor  where  the  courts  have  jurisdiction  to  grant  the  same  or 
to  give  the  relief  asked  for.  No  law',  except  such  as  relates  'to  the  sale, 
loan  or  gift  of  vinous,  spirituous  or  malt  liquors,  bridges,  turnpikes, 
or  other  public  roads,  public  buildings  or  improvements,  fencing,  run- 
ning at  large  of  stock,  matters  pertaining  to  common  schools,  paupers, 
and  the  regulation  by  counties,  cities,  tow  ns  or  other  municipalities  of 
their  local  affairs,  shall  be  enacted  to  take  effect  upon  the  approval  of 
any  other  authority  than  the  general  assembly,  unless,  otherwise  ex- 
pressly provided  in  this  constitution. — Ivy.  (1891),  Sec.  60. 

Art.  49.  The  general  assembly  shall  not  indirectly  enact  special  or 
local  lawrs  by  the  partial  repeal  of  a general  law;  but  law's  repealing  local 
or  special  law's  may  be  passed. — La.  (1898),  Art.  49. 

Bee.  TO.  In  all  other  cases  w here  a general  law'  can  be  made  applicable, 
no  special  lawr  shall  be  enacted ; nor  shall  the  legislative  assembly  in- 
directly enact  such  special  or  local  lawr  by  the  partial  repeal  of  a gen- 
eral lawr;  but  laws  repealing  local  or  special  acts  may  be  passed. — 
N.  Dak.  (1889),  Art.  2. 


% 


220 


Sec.  87.  No  special  or  local  law  shall  be  enacted  for  the  benefit  of  in- 
dividuals or  corporations,  in  cases  which  are  or  can  be  provided  for  by 
general  law,  or  where  the  relief  sought  can  be  given  by  any  court  of  this 
state;  nor  shall  the  operation  of  any  general  law  be  suspended  by  the 
legislature  for  the  benefit  of  any  individual  or  private  corporation  or 
association,  and  in  all  cases  where  a general  law  can  be  made  applicable, 
and  would  be  advantageous,  no  special  law  shall  be  enacted. — -Miss, 
(1890),  Art.  4. 


NOTICE  OF  SPECIAL  LEGISLATION. 

Sec.  10P).  No  special,  private  or  local  law  shall  be  passed  on  any  sub- 
ject not  enumerated  in  section  104  of  this  constitution,  except  in  refer- 
ence to  fixing  the  time  of  holding  courts,  unless  notice  of  the  intention  to 
apply  therefor  shall  have  been  published,  without  cost  to  the  state,  in 
the  county  or  counties  where  the  matter  or  thing  to  be  affected  may  lie 
situated,  which  notice  shall  state  the  substance  of  the  proposed  law  and 
be  published  at  least  once  a week  for  four  consecutive  weeks  in  some 
newspaper  published  in  such  county  or  counties,  or  if  there  is  no  news- 
paper published  therein,  then  by  posting  the  said  notice  for  four  con- 
secutive weeks  at  five  different  places  in  the  county  or  counties  prior  to 
the  introduction  of  the  bill;  and  proof  by  affidavit  that  said  notice  has 
been  given  shall  be  exhibited  to  each  house  of  the  legislature,  and  said 
proof  spread  upon  the  journal.  The  courts  shall  pronounce  void  every 
special,  private  or  local  law  which  the  journals  do  not  affirmatively  show 
was  passed  in  accordance  with  the  provisions  of  this  section. — Ala* 
1 1001 1 , Art . 4. 

Sec.  107.  The  legislature  shall  not,  by  special,  private  or  local  law, 
repeal  or  modify  any  special,  private  or  local  law  except  upon  notice  be- 
ing given  and  shown  as  provided  in  the  last  preceding  section. — Ala. 
(1901),  Art.  4. 

Sec.  20.  No  local  or  special  bill  shall  be  passed,  unless  notice  of  the 
intention  to  apply  therefor  shall  have  been  published  in  the  locality 
where  the  matter  or  the  thing  to  be  affected  may  be  situated,  which  notice 
shall  be  at  least  thirty  days  prior  to  the  introduction  into  the  general 
assembly  of  such  bill,  and  in  the  manner  to  be  provided  by  law.  The 
evidence  of  such  notice  having  been  published  shall  be  exhibited  in  the 
general  assembly  before  such  act  shall  be  passed. — Ark.  (1874),  Art.  5. 

Sec.  21.  In  all  cases  enumerated  in  the  preceding  section,  all  laws 
shall  be  general  and  of  uniform  operation  throughout  the  state,  but  in 
all  cases  not  enumerated  or  excepted  in  that  section  the  legislature  may 
pass  special  or  local  laws:  Provided . That  no  local  or  special  bill  shall 
be  passed,  unless  notice  of  the  intention  to  apply  therefor  shall  have  been 
published  in  the  locality  where  the  matter  or  thing  to  be  affected  may 
be  situated,  which  notice  shall  state  the  substance  of  the  contemplated 
law,  and  shall  be  published  at  least  sixty  days  prior  to  the  introduction 
into  the  legislature  of  such  bill,  and  in  the  manner  to  be  provided  by 
law.  The  evidence  that  such  notice  has  been  published  shall  be  estab- 


lisbed  in  the  legislature  before  such  bill  shall  be  passed. — Fla.  (1885), 
Art.  5. 


Sec.  7.  Par.  16.  No  local  or  special  bill  shall  be  passed,  unless  notice 
of  the  intention  to  apply  therefor  shall  have  been  published  in  the  locality 
where  the  matter,  or  thing  to  be  affected,  may  be  situated,  which  notice 
shall  be  given  at  least  thirty  days  prior  to  the  introduction  of  such  bill 
into  the  general  assembly  and  in  the  manner  to  be  prescribed  by  law. 
The  evidence  of  such  notice  having  been  published  shall  be  exhibited  in 
the  general  assembly  before  such  act  shall  be  passed. — Ga.  (1877),  Art.  3. 

Art.  50.  No  local  or  special  law  shall  be  passed  on  any  subject  not 
enumerated  in  article  48  of  this  constitution,  unless  notice  of  the  inten- 
tion to  apply  therefor  shall  have  been  published,  without  cost  to  the 
state,  in  the  locality  where  the  matter  or  thing  to  be  affected  may  be 
situated,  which  notice  shall  state  the  substance  of  the  contemplated  law. 
and  shall  be  published  at  least  thirty  days  prior  to  the  introduction  into 
the  general  assembly  of  such  bill,  and  in  the  same  manner  provided  by 
law  for  the  advertisement  of  judicial  sales.  The  evidence  of  such  notice 
having  been  published,  shall  be  exhibited  in  the  general  assembly  before 
such  act  shall  be  passed,  and  every  such  act  shall  contain  a recital  that 
such  notice  has  been  given. — La.  (1898),  Art.  50. 

Sec.  54.  No  local  or  special  law  shall  be  passed  unless  notice  of  the 
intention  to  apply  therefor  shall  have  been  published  in  the  locality 
where  the  matter  or  thing  to  be  affected  may  be  situated,  which  notice 
shall  state  the  substance  of  the  contemplated  law,  and  shall  be  published 
at  least  thirty  days  prior  to  the  introduction  into  the  general  assembly 
of  such  bill,  and  in  the  manner  to  be  provided  by  law.  The  evidence 
of  such  notice  having  been  published  shall  be  exhibited  in  the  general 
assembly  before  such  act  shall  be  passed,  and  the  notice  shall  be  re- 
cited in  the  act  according  to  its  tenor. — Mo.  (1785),  Art.  4. 

9.  No  private,  special  or  local  bill  shall  be  passed  unless  public 
notice  of  the  intention  to  apply  therefor,  and  of  the  general  object  there- 
of, shall  have  been  previously  given.  The  legislature,  at  the  next  ses- 
sion after  the  adoption  hereof,  and  from  time  to  time  thereafter,  shall 
prescribe  the  time  and  mode  of  giving  such  notice,  the  evidence  thereof, 
and  how  such  evidence  shall  be  preserved. — N.  J.  (1844),  Art.  4,  Sec.  7, 
Cl.  9. 

Sec.  12.’  The  general  assembly  shall  not  pass  any  private  law,  unless 
it  shall  be  made  to  appear  that  thirty  days’  notice  of  application  to  pass 
such  a law  shall  have  been  given,  under  such  direction  and  in  such  man- 
ner as  shall  be  provided  by  law. — A.  C.  (1875),  Art.  2. 

Sec.  32.  No  special  or  local  law  shall  be  considered  by  the  legislature 
until  notice  of  the  intended  introduction  of  such  bill  or  bills  shall  first 
have  been  published  for  four  consecutive  weeks  in  some  weekly  news- 
paper published  or  of  general  circulation  in  the  city  or  county  affected 
by  such  law,  stating  in  substance  the  contents  thereof,  and  verified  proof 


' 909 


of  such  publication  filed  with  the  secretary  of  state. — Okla.  (1907) r 
Art.  5. 


Sec.  8.  No  local  or  special  bill  shall  be  passed  unless  notice  of  the 
intention  to  apply  therefor  have  been  published  in  the  locality  where 
the  matter  or  thing  to  be  affected  may  be  situated,  which  notice  shall 
be  at  least  thirty  days  prior  to  the  introduction  into  the  general  assem- 
bly of  such  bill  and  in  the  manner  to  be  provided  by  law;  the  evidence 
of  such  notice  having  been  published  shall  be  exhibited  in  the  general 
assembly  before  such  act  shall  be  passed. — Pa.  (1873),  Art.  3. 

Sec-.  57.  No  local  or  special  law  shall  be  passed  unless  notice  of  the 
intention  to  apply  therefore  shall  have  been  published  in  the  locality 
where  the  matter  or  thing  to  be  affected  may  be  situated,  which  notice 
shall  state  the  substance  of  the  contemplated  law,  and  shall  be  published 
at  least  thirty  days  prior  to  the  introduction  into  the  legislature  of  such 
bill  and  in  the  manner  to  be  provided  by  law.  The  evidence  of  such  no- 
tice having  been  published  shall  be  exhibited  in  the  legislature  l>efore 
such  act  shall  be  passed. — Tea-.  (1875),  Art.  3. 


COMMITTEE  OX  SPECIAL  LEGISLATION. 

Sec.  89.  There  shall  l>e  appointed  in  each  house  of  the  legislature  a 
standing  committee  on  local  and  private  legislation;  the  house  com- 
mittee to  consist  of  seven  representatives,  and  the  senate  committee 
of  five  senators.  No  local  or  private  bill  shall  be  passed  by  either 
house  until  it  shall  have  been  referred  to  said  committee  thereof,  and 
shall  have  been  reported  back  with  a recommendation  in  writing  that  it 
do  pass,  stating  affirmatively  the  reasons  therefor,  and  why  the  end  to 
be  accomplished  should  not  l>e  reached  by  a general  law,  or  by  a pro- 
ceeding in  court ; or  if  the  recommendation  of  the  committee  be  that 
the  bill  do  not  pass,  then  it  shall  not  pass  the  house  to  which  it  is  so  re- 
]>orted  unless  it  be  voted  for  by  a majority  of  all  the  members  elected 
thereto.  Jf  a bill  is  passed  in  conformity  to  the  requirements  hereof, 
other  than  such  as  are  prohibited  in  the  next  section,  the  courts  shall 
not,  because  of  its  local,  special,  or  private  nature,  refuse  to  enforce  it. 
—Miss.  (1890),  Art.  4. 

Sec.  51.  There  shall  be  a joint  committee  of  the  general  assembly, 
consisting  of  seven  members  appointed  by  the  house  of  delegates,  and 
five  members  appointed  by  the  senate,  which  shall  be  a standing  commit- 
tee on  special,  private,  and  local  legislation.  Before  reference  to  a com- 
mittee, as  provided  by  section  50,  any  special,  private,  or  local  bill 
introduced  into  either  house  shall  be  referred  to  and  considered  by  such 
joint  committee  and  returned  to  the  house  in  which  it  originated  with  a 
statement  in  writing  whether  the  object  of  the  bill  can  be  accomplished 
under  general  law  or  by  court  proceeding;  whereupon,  the  bill,  with  the 
accompanying  statement,  shall  take  the  course  provided  by  section  50. 
The  joint  committee  may  be  discharged  from  the  consideration  of  a bill 
by  the  house  in  which  it  originated  in  the  manner  provided  in  section 
50  for  the  discharge  of  other  committees. — Va.  (1902),  Art.  4,  See.  51, 


GENERAL  LAWS  ENJOINED. 


Sec.  109.  The  Legislature  shall  pass  general  laws  under  which  local 
and  private  interests  shall  be  provided  for  and  protected. — Ala.  (1901), 
Art.  4. 


Sec.  110.  A general  law  within  the  meaning  of  this  article  is  a 
law  which  applies  to  the  whole  state;  a local  law  is  a law  which  ap- 
plies to  any  political  subdivision  or  subdivisions  of  the  state  less  than 
the  whole;  a special  or  private  law'  within  the  meaning  of  this  article 
is  one  which  applies  to  an  individual,  association  or  corporation. — Ala. 
(1901),  Art.  4. 

Sec.  13.  The  legislature  shall,  from  time  to  time,  provide,  as  far  as 
practicable,  by  general  laws,  for  all  matters  usually  appertaining  to 
special  or  private  legislation. — Me.  (1819),  Art.  4.  Part  3. 

Sec.  34.  The  legislature  shall  provide  general  laws  for  the  transac- 
tion of  any  business  that  may  be  prohibited  by  section  one  (1)  of  this 
amendment,  and  all  such  law's  shall  be  uniform  in  their  operation 
throughout  the  state. — Minn.  (1857),  Art.  4,  (Arndt.  1881). 

Sec.  88.  The  legislature  shall  pass  general  laws,  under  which  local 
and  private  interests  shall  be  provided  for  and  protected,  and  under 
which  cities  and  tow'ns  may  be  chartered  and  their  charters  amended, 
and  under  which  corporations  may  be  created,  organized,  and  their 
acts  of  incorporation  altered ; and  all  such  laws  shall  be  subject  to  re- 
peal or  amendment. — Miss.  (1890),  Art.  4. 

Sec.  64.  In  all  the  cases  enumerated  in  the  last  section,  and  in  every 
other  case  which,  in  its  judgment,  may  be  provided  for  by  general  law's, 
the  general  assembly  shall  enact  general  law's.  Any  general  law  shall 
be  subject  to  amendment  or  repeal,  but  the  amendment  or  partial  repeal 
thereof  shall  not  operate  directly  or  indirectly  to  enact,  and  shall  not 
have  the  effect  of  the  enactment  of  a special,  private,  or  local  law. 

No  general  or  special  law'  shall  surrender  or  suspend  the  right  and 
power  of  the  state,  or  any  political  subdivision  thereof,  to  tax  corpora- 
tions and  corporate  property,  except  as  authorized  by  article  thirteen. 
No  private  corporation,  association,  or  individual  shall  be  specially  ex- 
empted from  the  operation  of  any  general  law,  nor  shall  its  operation  be 
suspended  for  the  benefit  of  auy  private  corporation,  association,  or 
individual. — Va.  (1902),  Art.  4. 


LAWS  TO  HAVE  UNIFORM  OPERATION. 

Sec.  96.  The  legislature  shall  not  enact  any  law'  not  applicable  to 
all  the  counties  in  the  state,  regulating  costs  and  charges  of  courts,  or 
fees,  commissions  or  allowances  of  public  officers. — Ala.  (1901),  Art.  4. 

Sec.  11.  All  law's  of  a general  nature  shall  have  a uniform  operation. 
—Cal.  (1880),  Art.  1. 


224 


Sec.  4.  Par.  1.  Laws  of  a general  nature  shall  have  uniform  opera- 
tion throughout  the  state,  and  no  special  law  shall  be  enacted  in  any 
case  for  which  provision  has  been  made  by  an  existing  general  law.  No 
general  law  affecting  private  rights  shall  be  varied  in  any  particular 
case  by  special  legislation,  except  with  the  free  consent,  in  writing,  of 
all  persons  affected  thereby;  and  no  person  under  legal  disability  to  con- 
tract is  capable  of  such  consent. — Ga.  (1877)  , Art.  1. 

Sec.  23.  In  all  the  cases  enumerated  in  the  preceding  section,  and  in 
all  other  cases  where  a general  law  can  be  made  applicable,  all  laws 
shall  be  general  and  of  uniform  operation  throughout  the  state. — Ind. 
(1851),  Art.  4,  Sec.  23. 

Sec.  17.  All  laws  of  a general  nature  shall  have  a uniform  opera- 
tion throughout  the  state;  and  in  all  cases  where  a general  law  can  be 
made  applicable,  no  special  law  shall  be  enacted. — Kan.  (1859),  Art.  2. 

Sec.  91.  The  legislature  shall  not  enact  any  law  for  one  or  more 
counties,  not  applicable  to  all  the  counties  in  the  state,  increasing  the 
uniform  charge  for  the  registration  of  deeds,  or  regulating  costs  and 
and  charges  and  fees  of  officers. — Miss.  (1890),  Art.  4. 

Sec.  19.  All  laws  relating  to  courts  shall  be  general,  and  of  uniform 
operation,  and  the  organization,  jurisdiction,  powers,  proceedings,  and 
practice  of  all  courts  of  the  same  class  or  grade  so  far  as  regulated  by 
law  and  the  force  and  effect  of  the  proceedings,  judgments,  and  decrees 
of  such  courts,  several,  shall  be  uniform. — X eh.  (1875),  Art.  3. 

Sec.  11.  All  laws  of  a general  nature  shall  have  a uniform  operation. 
— N.  Dak.  (1889),  Ari.  1. 

Sec.  26.  All  laws  of  a general  nature,  shall  have  uniform  operation 
throughout  the  state,  nor,  shall  any  act,  except  such  as  relates  to  public 
schools,  be  passed,  to  take  effect  upon  the  approval  of  any  other  au- 
thority than  the  general  assembly,  except,  as  otherwise  provided  in  this 
constitution. — Ohio  (1851),  Art.  2. 

Sec.  59.  Laws  of  a general  nature  shall  have  a uniform  operation 
throughout  the  state,  and  where  a general  law  can  be  made  applicable; 
no  special  law  shall  be  enacted. — Okla.  (1907),  Art.  5. 

Sec.  24.  All  laws  of  a general  nature  havemniform  operation. — Utah 
(1896),  Art.  1. 

Sec.  34.  All  laws  of  a general  nature  shall  have  a uniform  operation. 
—Wi/o.  (1889),  Art.  1. 


PROHIBITED  LEGISLATION. 

:Sec.  74.  No  act  of  the  legislature  shall  authorize  the  investment  of 
any  trust  fund  by  executors,  administrators,  guardians  or  other  trustees 


225 


in  the  bonds  or  stocks  of  any  private  corporation;  and  any  such  acts 
now  existing  are  avoided,  saving  investments  heretofore  made. — Ala. 
(1901),  Art.  4. 

Sec.  100.  No  obligation  or  liability  of  any  person,  association  or  cor- 
poration held  or  owned  by  this  state,  or  by  any  county  or  other  munici- 
pality thereof,  shall  ever  be  remitted,  released  or  postponed,  or  in  any 
way  diminished,  by  the  legislature;  nor  shall  such  liability  or  obligation 
be  extinguished  except  by  payment  thereof;  nor  shall  such  liability,  or 
obligation  be  exchanged  or  transferred  except  upon  payment  of  its  face 
value:  Provided,  That  this  section  shall  not  prevent  the  legislature 

from  providing  by  general  law  for  the  compromise  of  doubtful  claims. — 
AM.  (1901),  Art.  4. 

Sec.  108.  The  operation  of  a general  law  shall  not  be  suspended  for 
the  benefit  of  any  individual,  private  corporation  or  association;  nor  shall 
any  individual,  private  corporation  or  association  be  exempted  from  the 
operation  of  any  general  law  except  as  in  this  article  otherwise  provided. 
— Ala.  (1901),  Art.  4. 

Sec.  7.  Par.  19.  The  general  assembly  shall  have  no  power  to  re- 
lieve principals  or  securities  upon  forfeited  recognizances,  from  the  pay- 
ment thereof,  either  before  or  after  judgment  thereon,  unless  the  princi- 
pal in  the  recognizance  shall  have  apprehended  and  placed  in  the  custody 
of  the  proper  officer. — Ga.  (1877),  Art.  3. 

Sec.  23.  The  general  assembly  shall  have  no  power  to  release  or  ex- 
tinguish, in  whole  or  in  part,  the  indebtedness,  liability  or  obligation 
of  any  corporation  or  individual  to  this  state  or  to.  any  municipal  cor- 
poration therein. — III.  (1870),  Art.  4. 

Sec.  52.  The  general  assembly  shall  have  no  power  to  release,  ex- 
tinguish, or  authorize  the  releasing  or  extinguishing,  in  whole  or  in 
part,  the  indebtedness  or  liability  of  any  corporation  or  individual  to 
this  commonwealth,  or  to  any  county  or  municipalitv  thereof. — Ky. 
(1891),  Sec.  52. 

Art.  51.  No  law  shall  be  passed  fixing  the  price  of  manual  labor. 
—La.  (1898),  Art.  51. 

Art.  59.  The  general  assembly  shall  have  no  power  to  release  or  ex- 
tinguish, or  to  authorize  the  releasing  or  extinguishment,  in  whole  or 
in  part,  of  the  indebtedness,  liability  or  obligation  of  any  corporation 
or  individual  to  the  state,  or  to  any  parish  or  municipal  corporation 
thereof:  Provided , The  heirs  to  confiscated  property  may  be  released 

from  all  taxes  due  thereon  at  the  date  of  its  reversion  to  them. — La. 
(1898),  Art.  59. 

Art.  237.  The  legislature  shall  pass  no  law  postponing  the  payment 
of  taxes,  except  in  case  of  overflow,  general  conflagration,  general  de- 
struction of  crops,  or  other  public  calamity. — La.  (1898),  Art.  237. 

29 — Legislative  Dept. 


226 


Sec.  97.  The  legislature  shall  have  no  power  to  revive  any  remedw 
which  may  have  become  barred  by  lapse  of  time,  or  by  any  statute  of 
limitation  of  this  state. — Miss.  (1890),  Art.  4. 

Sec.  37.  No  act  of  the  legislative  assembly  shall  authorize  the  in- 
vestment of  trust  funds  by  executors,  administrators,  guardians  or 
trustees  in  the  bonds  or  stock  of  any  private  corporation. — Mont , 
(1889),  Art.  5. 

Sec.  39.  No  obligation  or  liability  of  any  person,  association  or  cor- 
poration, held  or  owned  by  the  state,  or  any  municipal  corporation 
therein,  shall  ever  be  exchanged,  transferred,  remitted,  released  or  post- 
poned, or  in  any  way  diminished  by  the  legislative  assembly;  nor  shall 
such  liability  or  obligation  be  extinguished,  except  by  the  payment 
thereof  into  the  proper  treasury. — Mont.  (1889),  Art.  5. 

Sec.  52.  The  legislature  shall  have  no  power  to  revive  any  right 
or  remedy  which  may  have  become  barred  by  lapse  of  time,  or  by  any 
statute  of  the  state.  After  suit  has  been  commenced  on  any  cause  of 
action,  the  legislature  shall  have  no  power  to  take  away  such  cause  of 
action,  or  destroy  any  existing  defense  to  such  suit. — Okla.  (1907),  Art.  5- 

Sec.  53.  The  legislature  shall  have  no  power  to  release  or  extin- 
guish, or  authorize  the  releasing  or  extinguishing,  in  whole  or  in  part, 
the  indebtedness,  liabilities,  or  obligations  of  any  corporation,  or  indi- 
vidual, to  this  state,  or  any  county  or  other  municipal  corporation 
thereof. — Okla.  (1907),  Art.  6. 

Sec.  22.  No  act  of  the  general  assembly  shall  authorize  the  invest- 
ment of  trust  funds  by  executors,  administrators,  guardians,  or  other 
trustees  in  the  bonds  or  stock  of  any  private  corporation,  and  such  acts 
now  existing  are  avoided,  saving  investments  heretofore  made. — Pa, 

< 1893),  Art . 3. 

Sec.  24.  The  legislature  shall  have  no  power  to  release  or  extin- 
guish, in  whole  or  in  part,  the  indebtedness,  liability  or  obligation  of 
any  corporation  or  individual  to  this  state,  or  to  any  municipal  cor- 
poration therein. — 8.  D.  (1889),  Art.  3. 

Sec.  43.  No  man  or  set  of  men  shall  ever  be  exempted,  relieved  or  dis- 
charged, from  the  performance  of  any  public  duty  or  service  imposed  by 
general  law,  by  any  special  law.  Exemptions  from  the  performance  of 
such  public  dutv  or  service  shall  only  be  made  by  general  law. — Tex. 
(1875),  Art.  16.* 

Sec.  54.  The  legislature  shall  have  no  power  to  release  or  alienate  any 
lien  held  by  the  state  upon  any  railroad,  or  in  anywise  change  the  tenor 
or  meaning  or  pass  any  act  explanatory  thereof;  but  the  same  shall  be 
enforced  in  accordance  with  the  original  terms  upon  which  it  was  ac- 
quired.— Tex.  (1875),  Art.  3. 


Sec.  55.  The  legislature  shall  have  no  power  to  release  or  extin- 


227 

guish,  or  to  authorize  the  releasing  or  extinguishing,  in  whole  or  in  part, 
the  indebtedness,  liability  or  obligation  of  any  incorporation  or  indi- 
vidual to  this  state,  or  to  any  county,  or  other  municipal  corporation 
therein. — Tex.  (1875),  Art.  3. 

Sec.  27.  The  legislature  shall  have  no  power  to  release  or  extin- 
guish, in  whole  or  in  part,  the  indebtedness,  liability  or  obligation  of 
any  corporation  or  person  to  the  state,  or  to  any  municipal  corporation 
therein. — Utah  (1896),  Art.  6. 

Sec.  38.  No  act  of  the  legislature  shall  authorize  the  investment  of 
trust  funds  by  executors,  administrators,  guardians  or  trustees,  in  the 
bonds  or  stock  of  any  private  corporation. — Wyo.  (1889),  Art.  3. 

Sec.  39.  The  legislature  shall  have  no  power  to  pass  any  law  author- 
izing the  state  or  any  county  in  the  state  to  contract  any  debt  or  obliga- 
tion in  the  construction  of  any  railroad,  or  give  or  loan  its  credit  to  or 
in  aid  of  the  construction  of  the  same. — Wyo.  (1889),  Art.  3. 

Sec.  40.  No  obligation  or  liability  of  any  person,  association  or  cor- 
poration, held  or  owned  by  the  state,  or  any  municipal  corporation 
therein,  shall  ever  be  exchanged,  transferred,  remitted,  released  or 
postponed,  or  in  any  way  diminished  by  the  legislature;  nor  shall  such 
liability  or  obligation  be  extinguished,  except  by  the  payment  thereof 
into  the  proper  treasury. — Wyo.  (1889),  Art.  3. 


DEFAULTERS,  ETC.,  INELIGIBLE. 

(34)  Sec.  30.  No  collector , holder  nor  disl)urser  of  public  moneys 
shall  have  a seat  in  the  legislature,  nor  be  eligible  to  any  office  of  trust 
or  profit**under  this  state,  until  he  shall  have  accounted  for  and  paid 
over,  as  provided  by  laiv,  aU  sums  of  money  he  may  be  liable. — Mich. 
(1850),  Art.  4. 

Sec.  60.  No  person  convicted  of  embezzlement  of  the  public  money, 
bribery,  perjury,  or  other  infamous  crime,  shall  be  eligible  to  the  legis- 
lature or  capable  of  holding  any  office  of  trust  or  profit  in  this  state. — 
Ala.  (1901),  Art.  4. 

Sec.  8.  No  person  who  now  is  or  shall  be  hereafter  a collector  or 
holder  of  public  money,  nor  any  assistant  or  deputy  of  such  holder  or 
collector  of  public  money,  shall  be  eligible  to  a seat  in  either  house  of 
the  general  assembly,  nor  to  any  office  of  trust  or  profit,  until  he  shall 
have  accounted  for  and  paid  over  all  sums  for  which  he  may  have 
been  liable. — Ark.  (1874),  Art.  5. 

Sec.  9.  No  person  hereafter  convicted  of  embezzlement  of  public 
money,  bribery,  forgery  or  other  infamous  crime  shall  be  eligible  to 
the  general  assembly  or  capable  of  holding  any  office  of  trust  or  profit 
in  this  state. — Ark.  (1874),  Art.  5. 


228 


Sec.  21.  No  person  convicted  of  the  embezzlment  or  defalcation  of 
the  public  funds  of  the  United  States,  or  of  any  state  or  of  any  county  or 
municipality  therein,  shall  ever  be  eligible  to  any  office  or  honor,  trust, 
tr  profit  under  this  state,  and  the  legislature  shall  provide,  by  law,  for 
the  punishment  of  embezzlement  or  defalcation  as  a felony. — Cal.  (1880), 
Art.  4. 

Sec.  4.  No  person  hereafter  convicted  of  embezzlement  of  public 
money,  bribery,  perjury,  solicitation  of  bribery,  or  subornation  of  per- 
jury, shall  be  eligible  to  the  general  assembly,  or  capable  of  holding  any 
office  of  trust  ol*  profit  in  this  state. — Colo.  (1S76),  Art . 12. 

Sec.  21.  No  person  who  shall  be  convicted  of  embezzlement  of 
the  public  money,  bribery,  perjury  or  other  infamous  crime,  shall  be 
eligible  to  a seat  in  either  house  of  the  general  assembly,  or  capable  of 
holding  anv  office  of  trust,  honor  or  profit  under  this  state. — Del.  (1897), 
Art.  2. 

Sec.  24.  The  state  treasure  shall  settle  his  accounts  annually  with 
the  general  assembly  or  a joint  committee  thereof,  which  shall  be  ap- 
pointed at  every  biennal  session.  No  person  who  has  served  in  the  office 
of  state  treasurer  shall  be  eligible  to  a seat  in  either  house  of  the  gen- 
eral assembly  until  he  shall  have  made  a final  settlement  of  his  accounts 
as  treasurer  and  discharged  the  balance,  x if  anv,  due  thereon. — Del. 
(1897),  Art.  2. 

Sec.  4.  No  person  who  has  been,  or  hereafter  shall  be,  convicted  of 
bribery,  perjury  or  other  infamous  crime,  nor  any  person  who  has  been 
or  may  be  a collector  or  holder  of  public  moneys,  who  shall  not  have 
accounted  for  and  paid  over,  according  to  law,  all  such  moneys  due 
from  him,  shall  be  eligible  to  the  general  assembly,  or  to  any  office  of 
profit  or  trust  in  this  state. — III,  (1870),  Art.  4. 

Sec.  10.  No  person  who  may  hereafter  be  a collector  or  holder  of 
public  moneys,  shall  be  eligible  to  any  office  of  trust  or  profit  until  he 
shall  have  accounted  for  and  paid  over,  according  to  law,  all  sums  for 
which  he  may  be  liable. — Ind.  (1851),  Art.  2. 

Sec.  23.  No  person  who  may  hereafter  be  a collector  or  holder  of 
public  moneys,  shall  have  a seat  in  either  house  of  the  general  assembly, 
or  be  eligible  to  hold  any  office  of  trust  or  profit  in  this  state,  until  he 
shall  have  accounted  for  and  paid  into  the  treasury  all  sums  for  which 
he  may  be  liable. — Ioicu  (1857),  Art.  3. 

Sec.  6.  No  person  convicted  of  embezzlement  or  misuse  of  the  public 
funds  shall  have  a seat  in  the  legislature. — Kan,  (1859),  Art.  2. 

Sec.  45.  No  person  who  may  have  been  a collector  of  taxes  or  public 
moneys  for  the  commonwealth,  or  for  any  county,  city,  town  or  district, 
or  the  assistant  or  deputy  of  such  collector,  shall  be  eligible  to  the  gen- 
eral assembly,  unless  he  shall  have  obtained  a quietus  six  months  be- 


229 


fore  the  election  for  the  amount  of  such  collection,  and  for  all  public 
moneys  for  which  he  may  have  been  responsible. — Ky.  (1891),  Sec.  45. 

Art.  182.  No  person  who,  at  any  time,  may  have  been  a collector  of 
taxes,  whether  state,  parish,  or  municipal,  or  who  may  have  been  other- 
wise entrusted  with  public  money,  shall  be  eligible  to  the  general  assem- 
bly, or  to  any  office  of  honor,  profit,  or  trust,  under  the  state  govern- 
ment, or  any  parish,  or  municipality  thereof,  until  he  shall  have  ob- 
tained a discharge  *for  the  amount  of  such  collections,  and  for  all  public 
mone3Ts  with  which  he  may  have  been  entrusted;  and  the  general  as- 
sembly is  empowered  to  enact  laws  providing  for  the  suspension  of  pub- 
lic officials  charged  with  the  collection  of  public  money,  when  such  offi- 
cials fail  to  account  for  same. — La.  (1898),  Art.  182. 

Sec.  12.  No  collector,  receiver  or  holder  of  public  money  shall  be 
eligible  as  senator  or  delegate,  or  to  any  office  of  profit  or  trust  under 
this  state,  until  he  shall  have  accounted  for  and  paid  into  the  treasury 
all  sums  on  the  books  thereof  charged  to  and  due  by  him. — Mel.  (1867), 

Sec.  43.  No  person  liable  as  principal  for  public  moneys  un  accounted 
for  shall  be  eligible  to  a seat  in  either  house  of  the  legislature,  or  to 
any  office  of  profit  or  trust,  until  he  shall  have  accounted  for  and  paid 
over  all  sums  for  which  he  may  have  been  liable. — Miss.  (1890),  Art.  4. 

Sec.  19.  That  no  person  who  is  now  or  may  hereafter  become  a col- 
lector or  receiver  of  public  money,  or  assistant  or  deputy  of  such  col- 
lector or  receiver,  shall  be  eligible  to  any  office  of  trust  or  profit  in  the 
state  of  Missouri  under  the  laws  thereof,  or  of  any  municipality  therein, 
until  he  shall  have  accounted  for  and  paid  over  all  the  public  money  for 
which  he  may  be  accountable. — No.  (1875),  Art.  2. 

Sec.  7.  No  person  hereafter  convicted  of  embezzlement  of  public 
moneys,  bribery,  perjury  or  other  infamous  crime,  shall  be  eligible  to  the 
general  assembly,  or  capable  of  holding  any  office  of  trust  or  profit  in 
this  commonwealth.— Pa.  (1873),  Art.  2. 

Sec.  4.  No  person  who  has  been,  or  hereafter  shall  be  convicted  of 
bribery,  perjury,  or  other  infamous  crime,  nor  any  person  who  has 
been,  or  may  be  collector  or  holder  of  public  moneys,  who  shall  not 
have  accounted  for  and  paid  over,  according  to  law,  all  such  moneys 
due  from  him  shall  be  eligible  to  the  legislature  or  to  any  office  in  either 
branch  thereof. — S.  D.  (1889),  Art.  3. 

Sec.  25.  No  person  who  heretofore  hath  been,  or  may  hereafter  be,  a col- 
lector or  holder  of  public  moneys,  shall  have  a seat  in  either  house  of  the 
general  assembly,  or  hold  any  other  office  under  the  state  government, 
until  such  person  shall  have  accounted  for  and  paid  into  the  treasury 
all  sums  for  which  he  may  be  accountable  or  liable. — Term.  (1870), 
Art.  2. 

Sec.  20.  No  person  who  at  any  time  may  have  been  a collector  of 
taxes,  or  who  may  have  been  otherwise  entrusted  with  public  money, 


230 


shall  be  eligible  to  the  legislature,  ot  to  any  office  of  profit  or  trust 
under  the  state  government,  until  he  shall  have  obtained  a discharge 
for  the  amount  of  such  collections,  or  for  all  public  moneys  with  which 
he  may  have  been  entrusted. — Tex . (1875),  Art.  3. 

Sec.  14.  No  person  who  has  been,  or  hereafter  shall  be  convicted  of 
bribery,  perjury,  or  other  infamous  crime,  shall  be  eligible  to  a seat  in 
the  legislature.  No  person  who  may  have  collected  or  been  entrusted 
with  public  money,  whether  state,  county,  township,  district,  or  other 
municipal  organization,  shall  be  eligible  to  the  legislature,  or  to  any 
office  of  honor,  trust  or  profit  in  this  state  until  he  shall  have  duly 
accounted  for  and  paid  over  such  monev  according  to  law. — W.  Va. 
(1872),  Art.  6. 


PRIVATE  CLAIMS. 

(35)  Sec.  31.  The  legislature  shall  not  audit  nor  allow  any  private 
claim  or  account. — Mich.  (1850),  Art.  4. 

Sec.  58.  The  general  assembly  shall  neither  audit  nor  allow  any 
private  claim  against  the  commonwealth,  except  for  expenses  incurred 
during  the  session  at  which  the  same  was  allowed;  but  may  appropriate 
money  to  pay  such  claim  as  shall  have  been  audited  and  allowed  accord- 
ing to  law. — Ky.  (1891),  Sec.  58. 

Art.  47.  The  general  assembly  shall  have  no  power  to  grant  or  to 
authorize  any  parish  or  municipal  authority  to  grant  any  extra  com- 
pensation, fee  or  allowance  to  a public  officer,  agent,  servant  or  contrac- 
tor, nor  pay,  nor  authorize  the  payment,  of  any  claim  against  the  state, 
or  any  parish  or  municipality  thereof,  under  any  agreement  or  con 
tract  made  without  express  authority  of  law;  and  all  such  unauthorized 
agreements  or  contracts  shall  be  null  and  void. — La.  (1898),  Art.  47. 

Sec.  52.  The  general  assembly  shall  appropriate  no  money  out  of 
the  treasury  for  payment  of  any  private  claim  against  the  state  exceed- 
ing three  hundred  dollars,  unless  said  claim  shall  have  been  first  pre- 
sented to  the  comptroller  of  the  treasury,  together  with  the  proofs  upon 
which  the  same  is  founded,  and  reported  upon  by  him. — Md.  (1867), 
Art.  3. 


Sec.  19.  The  legislature  shall  neither  audit  nor  allow  any  private 
claim  or  account  against  the  state,  but  may  appropriate  money  to  pay 
such  claims  as  shall  have  been  audited  and  allowed  according  to  law. — 
N.  Y.  (1894),  Art.  3. 


FINAL  ADJOURNMENT. 


(36)  Sec.  32.  The  legislature , on  the  day  of  final  adjournment , shall 
adjourn  at  twelve  o’clock  at  noon. — Mich.  (1850),  Art.  4. 


231 


TIME  AND  PLACE  OF  MEETING;  ADJOURNMENT. 

(37)  Sec.  33.  The  legislature  shall  meet  at  the  seat  of  government 
on  the  first  Wednesday  in  January , in  the  year  one  thousand  eight  hun- 
dred and  sixty-one , and  on  the  first  Wednesday  of  January  in  every 
second  year  thereafter , and  at  no  other  place  or  time  unless  as  provided 
in  the  constitution  of  the  state , and  shall  adjourn  without  day  at  such 
time  as  the  legislature  shall  fix  by  concurrent  resolution. — Mich.  (1850), 
Art.  4. 

Sec.  48.  The  legislature  shall  meet  quadrennially  at  the  capitol,  in 
the  senate  chamber,  and  in  the  hall  of  the  house  of  representatives,  on 
the  second  Tuesday  in  January  next  succeeding  their  flection,  or  on 
such  other  day  as  may  be  prescribed  by  law;  and  shall  not  remain  in 
session  longer  than  sixty  days  at  the  first  session  held  under  this  con- 
stitution, nor  longer  than  fifty  days  at  any  subsequent  session.  If  at 
any  time  it  should  from  any  cause  become  impossible  or  dangerous  for 
the  legislature  to  meet  or  remain  at  the  capitol  or  for  the  senate  to 
meet  or  remain  in  the  senate  chamber,  or  for  the  representatives  to  meet 
or  remain  in  the  hall  of  the  house  of  representatives,  the  governor  may 
convene  the  legislature,  or  remove  it,  after  it  has  convened,  to  some 
-other  place,  or  may  designate  some  other  place  for  the  sitting  of  the 
respective  houses,  or  either  of  them,  as  necessity  may  require. — Ala. 
(1901),  Art.  4. 

Sec.  5.  The  general  assembly  shall  meet  at  the  seat  of  government 
every  two  years  on  the  first  Tuesday  after  the  second  Monday  in  Novem- 
ber until  said  time  be  altered  by  law. — Ark.  (1874),  Art.  5. 

Sec.  3.  There  shall  be  a stated  session  of  the  general  assembly  in  Hart- 
ford on  the  Wednesday  after  the  first  Monday  of  January,  1877,  and 
[biennially]  thereafter  on  the  Wednesday  after  the  first  Monday  of  Janu- 
ary.— Conn.  (1818),  Arndt.  Art.  16. 

Sec.  4.  The  regular  sessions  of  the  general  assembly  shall  commence 
on  the  Wednesday  following  the  first  Monday  of  the  January  next  suc- 
ceeding the  election  of  its  members. — Conn.  (1818),  Arndt.  Art.  27. 

Sec.  4.  The  general  assembly  shall  meet  on  the  first  Tuesday  of 
January,  biennially,  and  at  such  other  times  as  the  governor  shall  con- 
vene the  same. — Del.  (1897),  Art.  2. 

Sec.  2.  The  sessions  of  the  legislature  shall  commence  at  twelve  o’clock 
m.  on  the  first  Monday  after  the  first  day  of  January  next  succeeding  the 
election  of  its  members,  and  after  the  election  held  in  the  year  eighteen 
liundred  and  eighty  shall  be  biennial,  unless  the  governor  shall,  in  the 
interim,  convene  the  legislature  by  proclamation.  No  pay  shall  be 
allowed  the  members  for  a longer  time  than  sixty  days,  except  for 
the  first  session  after  the  adoption  of  this  constitution,  for  which  they 
may  be  allowed  pay  for  one  hundred  days.  And  no  bill  shall  be  intro- 
duced in  either  house  after  the  expiration  of  ninety  days  from  the  com- 
mencement of  the  first  session,  nor  after  fifty  days  after  the  commence- 


232 


ment  of  each  succeeding  session,  without  the  consent  of  two-thirds  of  the 
members  thereof. — Cal.  (1880),  Art.  4. 

Sec.  7.  The  general  assembly  shall  meet  at  12  o’clock,  noon,  on  the 
first  Wednesday  in  November,  A.  D.  1876;  and  at  12  o’clock,  noon,  on 
the  first  Wednesday  in  January,  A.  D.  1879,  and  at  12  o’clock  noon,  on 
the’  first  Wednesday  in  January  of  each  alternate  year  foreyer  there- 
after, and  at  other  times  when  convened  by  the  governor.  The  term 
of  service  of  the  members  thereof  shall  begin  on  the  first  Wednesday  of 
November  next  after  their  election,  until  otherwise  provided  bv  law. — 
Colo.  (1876),  Art.  5. 

Sec.  2.  The  regular  sessions  of  the  legislature  shall  be  held  biennially, 
commencing  on  the  first  Tuesday  after  the  first  Monday  in  April,  A. 
D.  1887,  and  on  the  corresponding  day  of  every  second  year  thereafter, 
but  the  governor  may  convene  the  same  in  extra  session  by  his  proclama- 
tion. Regular  sessions  of  the  legislature  may  extend  to  sixty  days,  but 
no  special  session  convened  bv  the  governor  shall  exceed  twenty  davs. — 
Fla,  (1885),  Art.  3. 

Sec.  4.  Par.  3.  The  first  meeting  of  the  general  assembly,  after  the 
ratification  of  this  constitution,  shall  be  on  the  fourth  Wednesday  in 
October,  1878,  and  annually  thereafter,  on  the  same  day,  until  the  day 
shall  be  changed  by  law.  But  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  governor  from  calling  an  extra  session  of  the  gen- 
eral assembly  before  the  first  Wednesday  in  November,  1878,  if,  in  his 
opinion,  the  public  good  shall  require  it. — Ga.  (1877),  Art.  3. 

Sec.  8.  The  sessions  of  the  legislature  shall,  after  the  first  session 
thereof,  be  held  biennially,  at  the  capitol  of  the  state,  commencing  on 
the  first  Monday  after*  the  first  day  of  January,  and  every  second  year 
thereafter,  unless  a different  day  shall  have  been  appointed  by  law, 
and  at  other  times  when  convened  by  the  governor. — Idaho  (1889),  Art.  3. 

Sec.  9.  The  sessions  of  the  general  assembly  shall  be  held  biennially, 
at  the  capitol  of  the  state,  commencing  on  the  Thursday  next  after  the 
first  Monday  of  January,  in  the  year  one  thousand  eight  hundred  and 
fifty-three,  and  on  the  same  day  of  every  second  year  thereafter,  unless 
a different  day  or  place  shall  have  been  appointed  by  law.  But  if,  in 
the  opinion  of  the  governor,  the  public  welfare  shall  require  it,  he  may, 
at  any  time,  by  proclamation,  call  a special  session. — Ind.  (1851),  Art.  4. 

Sec.  2.  The  sessions  of  the  general  assembly  shall  be  biennial  and 
shall  commence  on  the  second  Monday  in  January  next  ensuing  the  elec- 
tion of  its  members ; unless  the  governor  of  the  state  shall,  in  the  mean- 
time convene  the  general  assembly  bv  proclamation. — Iowa  (1857),  Art. 
3. 


Sec.  25.  All  sessions  of  the  legislature  shall  be  held  at  the  state 
capital,  and  beginning  with  the  session  of  eighteen  hundred  and  seventy- 
seven,  all  regular  sessions  shall  be  held  once  in  two  years,  commencing 


233 


on  the  second  Tuesday  of  January  of  each  alternate  year  thereafter. — 
Kan.  (1859),  Art.  2 (Amdt.  1875). 

Sec.  36.  The  first  general  assembly,  the  members  of  which  shall  he 
elected  under  this  constitution,  shall  meet  on  the  first  Tuesday  after  the 
first  Monday  in  January,  eighteen  hundred  and  ninety-four,  and  there- 
after the  general  assembly  shall  meet  on  the  same  day  every  second  year, 
and  its  sessions  shall  be  held  at  the  seat  of  government,  except  in  case 
of  war,  insurrection  or  pestilence,  when  it  may,  by  proclamation  of  the 
governor,  assemble,  for  the  time  being,  elsewhere. — Ky.  (1891),  Sec.  36. 

Art.  23.  The  general  assembly  shall  meet  at  the  seat  of  government 
on  the  third  day  of  May,  1898,  at  12  o’clock  noon,  and  bieniallv  there- 
after, on  the  second  Monday  of  May,  and  the  sessions  thereof  shall  be 
limited  to  sixty  days.  Should  a vacancy  occur  in  either  house,  the  gov- 
ernor shall  order  an  election  to  fill  such  vacancy  for  the  remainder  of 
the  term. — La.  (1898),  Art.  23. 

Sec.  1.  The  legislature  shall  convene  on  the  first  Wednesday  of  Jan- 
uary, annually,  and  shall  have  full  power  to  make  and  establish  all  rea- 
sonable laws  and  regulations  for  the  defense  and  benefit  of  the  people 
of  this  state,  not  repugnant  to  this  constitution,  nor  to  that  of  the  United 
States. — Me.  (1819),  Art.  4,  Part  3. 

Art.  12.  That  for  redress  of  grievances,  and  for  amending,  strength- 
ening, and  for  preserving  the  laws,  the  legislature  ought  to  be  frequently 
convened. — Md.  (1867),  Dec.  of  Rights. 

Sec.  14.  The  general  assembly  shall  meet  on  the  first  Wednesday  of 
January,  eighteen  hundred  and  sixty -eight,  and  on  the  same  day  in  every 
second  year  thereafter,  and  at  no  other  time,  unless  convened  by  procla- 
mation of  the  governor. — Md.  (1867),  Art.  3. 

Art.  22.  The  legislature  ought  frequently  to  assembly  for  the  redress 
of  grievances,  for'  correcting,  strengthening,  and  confirming  the  laws, 
and  for  making  new  laws,  as  the  common  good  may  require. — Mass. 
(1780),  Part  1. 

Sec.  20.  The  general  assembly  elected  in  the  year  one  thousand  eight 
hundred  and  seventy-six  shall  meet  on  the  first  Wednesday  after  the  first 
day  of  January,  one  thousand  eight  hundred  and  seventy-seven;  and 
thereafter  the  general  assembly  shall  meet  in  regular  session  once  only 
in  every  two  years;  and  such  meeting  shall  be  on  the  first  Wednesday 
after  the  first  day  of  January  next  after  the  election  of  the  members 
thereof. — Mo.  (1875),  Art.  4. 

Sec.  6.  The  legislative  assembly  (except  the  first),  shall  meet  at  the 
seat  of  government  at  twelve  o’clock,  noon,  on  the  first  Monday  of  Jan- 
uary, next  succeeding  the  general  election  provided  by  law,  and  at 
twelve  o’clock,  noon,  on  the  first  Monday  of  January,  of  each  alternate 
year  thereafter,  and  at  other  times  when  convened  by  the  governor. 

The  term  of  service  of  the  members  thereof  shall  begin  the  next  day 
30 — Legislative  Dept. 


234 


after  their  election,  until  otherwise  provided  by  law : Provided , That 

the  first  legislative  assembly  shall  meet  at  the  seat  of  government  upon 
the  proclamation  of  the  governor  after  the  admission  of  the  state  into 
the  union,  upon  a day  to  be  named  in  said  proclamation,  and  which 
shall  not  be  more  than  fifteen  nor  less  than  ten  days  after  the  admission 
of  the  state  into  the  union. — Mont.  (1889),  Art.  5. 

Sec.  2.  The  sessions  of  the  legislature  shall  be  biennial,  and  shall 
commence  on  the  third  Monday  of  January  next  ensuing  the  election 
of  members  of  the  assembly,  unless  the  governor  of  the  state  shall,  in 
the  interim,  convene  the  legislature  by  proclamation. — Nev.  (1864),  Art . 
4 ( Amdt . 1889). 

Art.  3.  The  senate  and  house  shall  assemble  biennially,  on  the  first 
Wednesday  of  January,  and  at  such  other  times  as  they  may  judge 
necessary,  and  shall  dissolve  and  be  dissolved  seven  days  next  preceding 
the  said  first  Wednesday  of  January  biennially,  and  shall  be  styled  the 
general  court  of  New  Hampshire. — N.  H.,  Part  2,  Art.  3. 

Art.  31.  The  legislature  shall  assemble  for  the  redress  of  public  griev- 
ances and  for  making  such  laws  as  the  public  good  may  require. — 
N.  H.,  Part  1,  Art.  31. 

Art.  32.  And,  that  there  may  be  a due  meeting  of  senators  on  the 
first  Wednesday  of  January,  biennially,  the  governor  and  a majority 
of  the  council  for  the  time  being  shall,  as  soon  as  may  be,  examine  the 
returned  copies  of  such  records,  and,  fourteen  days  before  the  first 
Wednesday  of  January,  he  shall  issue  his  summons  to  such  persons  a» 
appear  to  be  chosen  senators  by  a majority  of  votes  to  attend  and  take 
their  seats  on  that  day : Provided , nevertheless , That,  for  the  first  year, 

the  said  returned  copies  shall  Ik1  examined  by  the  president  and  a ma- 
jority of  the  council  then  in  office;  and  the  said  president  shall,  in  like 
manner,  notify  the  persons  elected  to  attend  and  take  their  seats  accord- 
ingly. \ . rari  2.  Art . 32. 

Sec.  2.  The  senate  and  house  of  representatives  shall  meet  bien- 
nially on  the  first  Wednesday  after  the  first  Monday  in  January  next 
after  their  election ; and,  when  assembled,  shall  be  denominated  the  gen- 
eral assembly.  Neither  house  shall  proceed  upon  public  business  unless 
a majority  of  all  the  members  are  actually  present. — N.  C.  (1875),  Art . 

9 


Sec.  53.  The  legislative  assembly  shall  meet  at  the  seat  of  the  govern- 
ment at  twelve  o’clock  noon  on  the  first  Tuesday  after  the  first  Monday 
in  January,  in  the  year  next  following  the  election  of  the  members  there- 
of.— N.  Dak.  (1889),  Art.  2. 

Sec.  55.  The  sessions  of  the  legislative  assembly  shall  be  biennial,, 
except  as  otherwise  provided  in  this  constitution. — N.  Dak.  (1889),  Art . 
2. 


Sec.  25.  All  regular  sessions  of  the  general  assembly  shall  commence^ 


235 


on  the  first  Monday  of  January,  bienially.  The  first  session,  under  this 
constitution,  shall  commence  on  the  first  Monday  of  January,  one  thou- 
sand, eight  hundred  and  fifty-two. — Ohio  (1851)  , Art.  2. 


Sec.  26.  The  members  of  the  legislature  shall  meet  at  the  seat  of  gov- 
ernment on  the  first  Tuesday  after  the  Monday  in  January  at  twelve 
o’clock  noon,  in  the  year  next  succeeding  their  election,  or  upon  such 
other  day  as  may  be  provided  by  law. — Okla.  (1907),  Art.  5. 


Sec.  27.  The  legislature  shall  hold  regular  biennial  sessions  as  herein 
provided,  but  this  shall  not  prevent  the  calling  of  a special  session  of  the 
legislature  by  the  governor. — Okla.  (1907),  Art.  5. 


Sec.  10.  The  sessions  of  the  legislative  assembly  shall  be  held  bien- 
nially.at  the  capital  of  the  state,  commencing  on  the  second  Monday  of 
September,  in  the  year  eighteen  hundred  and  fifty-eight,  and  on  the  same 
day  of  every  second  year  thereafter,  unless  a different  day  shall  have 
been  appointed  by  law. — Ore.  (1857),  Art.  4. 


Sec.  4.  The  general  assembly  shall  meet  at  twelve  o’clock  noon,  on 
the  first  Tuesday  of  January  every  second  year,  and  at  other  times  when 
convened  by  the  governor,  but  shall  hold  no  adjourned  annual  session 
after  the  year  one  thousand  eight  hundred  and  seventy-eight.  In  case 
of  a vacancy  in  the  office  of  United  States  senator  from  this  common- 
wealth, in  a recess  between  sessions,  the  governor  shall  convene  the  two 
houses,  by  proclamation  on  notice  not  exceeding  sixty  days,  to  fill  the 
same. — Pa.  (1873),  Art.  2. 

Sec.  3.  The  general  assembly  ought  frequently  to  assemble  for  the 
redress  of  grievances  and  for  making  new  laws,  as  the  common  good  may 
require. — 8.  C.  (1895),  Art.  1. 

Sec.  9.  The  annual  session  of  the  general  assembly  heretofore  elected, 
fixed  by  the  constitution  of  the  year  eighteen  hundred  and  sixty-eight  to 
convene  on  the  fourth  Tuesday  of  November,  in  the  year  eighteen  hundred 
and  ninety-five,  is  hereby  postponed,  and  the  same  shall  be  convened  and 
held  in  the  city  of  Columbia  on  the  second  Tuesday  of  January,  in  the 
year  eighteen  hundred  and  ninety-six.  The  first  session  of  the  general 
assembly  elected  under  this  constitution  shall  convene  in  Columbia  on 
the  second  Tuesday  in  January,  in  the  year  eighteen  hundred  and  ninety- 
seven,  and  thereafter  annually  at  the  same  time  and  place.  Should  the 
casualties  of  war  or  contagious  disease  render  it  unsafe  to  meet  at  the 
seat  of  government,  then  the  governor  may,  by  proclamation,  appoint  a 
more  secure  and  convenient  place  of  meeting.  Members  of  the  general 
assembly  shall  not  receive  any  compensation  for  more  than  forty  days  of 
any  one  session : Provided,  That  this  limitation  shall  not  affect  the  first 
four  sessions  of  the  general  assemblv  under  this  constitution. — 8.  C. 
(1895),  Art.  3. 

Sec.  7.  The  legislature  shall  meet  at  the  seat  of  government  on  the 
first  Tuesday  after  the  first  Monday  of  January  at  12  o’clock  m.,  in  the 


236 


year  next  ensiling  the  election  of  members  thereof,  and  at  no  other  time 
except  as  provided  by  this  constitution. — 8.  D.  (1889),  Art.  3. 

Sec.  8.  The  first  session  of  the  general  assembly  shall  commence  on 
the  first  Monday  in  October,  one  thousand  eight  hundred  and  seventy-one, 
at  which  time  the  term  of  service  of  the  members  shall  commence,  and 
expire  on  the  first  Tuesday  of  November,  one  thousand  eight  hundred  and 
seventy-two,  at  which  session  the  governor  elected  on  the  second  Tuesday 
in  November,  one  thousand  eight  hundred  and  seventy,  shall  be  inaugur- 
ated ; and  forever  thereafter,  the  general  assembly  shall  meet  on  the  first 
Monday  in  January  next  ensuing  the  election,  at  which  session  thereof 
the  governor  shall  be  inaugurated. — Tenn.  (1870),  Art.  2. 

Sec.  5.  The  legislature  shall  meet  every  two  years,  at  such  time  as  may 
be  provided  bv  law,  and  at  other  times  when  convened  bv  the  governor. — 
Tex.  (1875),  Art.  3. 

Sec.  2.  Regular  sessions  of  the  legislature  shall  be  held  biennially  at 
the  seat  of  government;  and,  except  the  first  session  thereof  shall  begin 
on  the  second  Monday  in  January  next  after  the  election  of  members  of 
the  house  of  representatives. — Utah  (1896),  Art.  6. 

Sec.  1.  The  general  assembly  shall  meet  on  the  first  Wednesday  of 
October,  biennially;  the  first  election  shall  be  on  the  first  Tuesday  of 
September,  A.  D.  1870;  the  first  session  of  the  general  assembly  on  the 
first  Wednesday  of  October,  A.  D.  1870. — Vt.  (1793),  ( Amdt .)  Art.  24. 

Sec.  46.  The  general  assembly  shall  meet  once  in  two  years  on  the 
second  Wednesday  in  January  next  succeeding  the  election  of  the  mem- 
bers of  the  house  of  delegates  and  not  oftener  unless  convened  in  the 
manner  prescribed  by  this  constitution.  No  session  of  the  general  as- 
sembly, after  the  first  under  this  constitution,  shall  continue  longer  than 
sixty  days ; but  with  the  concurrence  of  three-fifths  of  the  members  elected 
to  each  house,  the  session  may  be  extended  for  a period  not  exceeding 
thirty  days.  Except  for  the  first  session  held  under  this  constitution, 
members  shall  be  allowed  a salary  for  not  exceeding  sixty  days  at  any 
regular  session,  and  for  not  exceeding  thirty  days  at  any  extra  session. 
Neither  house  shall,  without  the  consent  of  the  other,  adjourn  to  another 
place  nor  for  more  than  three  days.  A majority  of  the  members  elected 
to  each  house  shall  constitute  a quorum  to  do  business,  but  a smaller 
number  may  adjourn  from  day  to  day,  and  shall  have  power  to  compel 
the  attendance  of  members  in  such  manner  and  under  such  penalty  as 
each  house  may  prescribe. — Va.  (1902),  Art.  4. 

Sec.  12.  The  first  legislature  shall  meet  on  the  first  Wednesday  after 
the  first  Monday  in  November,  A.  D.  1889.  The  second  legislature  shall 
meet  on  the  first  Wednesday  after  the  first  Monday  in  January,  A.  D. 
1891,  and  sessions  of  the  legislature  will  be  held  biennially  thereafter, 
unless  specially  convened  by  the  governor,  but  the  times  of  meeting 
of  subsequent  sessions  may  be  changed  by  the  legislature.  After  the  first 
legislature  the  sessions  shall  not  be  more  than  sixtv  davs. — Wash.  (1889), 
Art.  2. 


237 


Sec.  18.  The  legislature  shall  assemble  at  the  seat  of  government  bien- 
nially and  not  oftener,  unless  convened  by  the  governor.  The  first  session 
of  the  legislature,  after  the  adoption  of  this  constitution,  shall  com- 
mence on  the  third  Tuesday  of  November,  1872,  and  the  regular  bien- 
nial session  of  the  legislature  shall  commence  on  the  second  Wednesday 
of  Januarv,  1875,  and  every  two  years  thereafter,  on  the  same  day.— 
W.  Va.  (1872),  Art.  6. 

Sec.  11.  The  legislature  shall  meet  at  the  seat  of  government  at  such 
time  as  shall  be  provided  by  law,  once  in  two  years  and  no  oftener,  unless 
convened  by  the  governor  in  special  session,  and  when  so  convened  no 
business  shall  be  transacted  except  as  shall  be  necessary  to  accomplish 
the  special  purposes  for  which  it  was  convened. — Wis.  (1848),  ( Amdt .) 
Art.  4. 

Sec.  7.  The  legislature  shall  meet  at  the  seat  of  government  at  twelve 
o’clock,  noon,  on  the  second  Tuesday  of  January,  next  succeeding  the 
general  election  provided  by  law,  and  at  twelve  o’clock,  noon,  on  the 
second  Tuesday  of  January  of  each  alternate  year  thereafter,  and  at  other 
times  when  convened  by  the  governor. — Wyo.  (1889),  Art.  3. 


ELECTION  OF  MEMBERS. 

(38)  Sec.  34.  The  election  of  senators  and  representatives , pursuant 
to  the  provisions  of  this  constitution , shall  he  held  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November,  in  the  year  one  thousand  eight 
hundred  and  fifty-two,  and  on  the  Tuesday  succeeding  the  first  Monday 
of  November  of  every  second  year  thereafter. — Mich.  (1850),  Art.  4. 

Sec.  46.  Senators  and  representatives  shall  be  elected  by  the  qualified 
electors  on  the  first  Tuesday  after  the  first  Monday  in  November,  unless 
the  legislature  shall  change  the  time  of  holding  elections,  and  in  every 
fourth  year  thereafter.  The  terms  of  office  of  the  senators  and  repre- 
sentatives shall  commence  on  the  day  after  the  general  election  at  which 
they  are  elected,  and  expire  on  the  day  after  the  general  election  held 
in  the  fourth  year  after  their  election,  except  as  otherwise  provided  in 
this  constitution.  At  the  general  election  in  the  year  nineteen  hundred 
and  two  all  the  representatives,  together  with  the  senators  for  the  even 
numbered  districts  and  for  the  thirty-fifth  district,  shall  be  elected.  The 
terms  of  those  senators  who  represent  the  odd  numbered  districts  under 
the  law  in  force  prior  to  the  ratification  of  this  constitution  are  hereby 
extended  until  the  day  after  the  general  election  in  the  year  nineteen 
hundred  and  six;  and  until  the  expiration  of  his  terms  as  hereinbefore 
extended,  each  such  senator  shall  represent  the  district  established  by 
this  constitution  bearing  the  number  corresponding  with  that  for  which 
he  was  elected.  In  the  year  nineteen  hundred  and  six,  and  in  every  fourth 
year  thereafter,  all  the  senators  and  representatives  shall  be  elected. 
Whenever  a vacancy  shall  occur  in  either  house  the  governor  shall  issue 
a writ  of  election  to  fill  such  vacancv  for  the  remainder  of  the  term. — Ala. 
(1901),  Art.  4. 


238 


Sec.  8.  The  general  elections  shall  be  held  biennially,  on  the  first 
Monday  of  September;  but  the  general  assembly  may  by  law  fix  a differ- 
ent time. — Ark.  (1874),  Art.  3. 

Sec.  3.  Members  of  the  assembly  shall  be  elected  in  the  year  eighteen 
hundred  and  seventy-nine,  at  the  time  and  in  the  manner  now  provided 
by  law.  The  second  election  of  members  of  the  assembly,  after  the 
adoption  of  this  constitution,  shall  be  on  the  first  Tuesday  after  the  first 
Monday  in  November,  eighteen  hundred  and  eighty.  Thereafter  mem- 
bers of  the  assembly  shall  be  chosen  biennially,  and  their  term  of  office 
shall  be  two  years,  and  such  election  shall  be  on  the  first  Tuesday  after 
the  first  Monday  in  November  unless  otherwise  ordered  by  the  legis- 
lature.— Cal.  (1880),  Art.  4. 

Sec.  2.  An  election  for  members  of  the  general  assembly  shall  be  held 
on  the  fir^t  Tuesday  in  October,  in  the  years  of  our  Lord  1876  and  1878, 
and  in  each  alternate  year  thereafter,  on  such  day,  at  such  places  in  each 
county  as  now  are  or  hereafter  may  be  provided  by  law.  The  first  elec- 
tion for  members  of  the  general  assembly  under  the  state  organization 
shall  be  conducted  in  the  manner  prescribed  by  the  laws  of  Colorado 
territory  regulating  elections  for  members  of  the  legislative  assembly 
thereof.  When  vacancies  occur  in  either  house,  the  governor,  or  person 
exercising  the  powers  of  governor,  shall  issue  writs  of  election  to  fill 
such  vacancies. — Colo.  (1876),  Art.  5. 

Sec.  3.  The  members  of  the  house  of  representatives  of  the  state  of 
Florida  shall  be  chosen  biennially  beginning  with  the  general  election 
on  the  first  Tuesday  after  the  first  Monday  in  November,  1898,  and  there- 
after on  the  corresponding  day  of  every  second  year. — Fla.  (1885),  Art. 
3 (Amdt.  1896). 

Sec.  4.  Par.  2.  The  first  election  for  members  of  the  general  assembly, 
under  this  constitution,  shall  take  place  on  the  first  Wednesday  in  De- 
cember, 1877 ; the  second  election  for  the  same  shall  be  held  on  the  first 
Wednesday  in  October,  1880.  and  subsequent  elections  biennially  on  that 
day,  until  the  day  of  election  is  changed  by  law. — Ga.  (1877),  Art.  3. 

Sec.  3.  The  senators  and  representatives  shall  be  elected  for  the  term 
of  two  years,  from  and  after  the  first  day  of  December  next  following 
the  general  election. — Idaho  (1889),  Art.  3. 

Sec.  2.  An  election  for  members  of  the  general  assembly  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  in  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  seventy,  and  every  two  years 
thereafter,  in  each  county,  at  such  places  therein  as  may  be  provided  by 
law.  When  vacancies  occur  in  either  house,  the  governor,  or  person  ex- 
ercising the  powers  of  governor,  shall  issue  writs  of  election  to  fill  such 
vacancies. — III.  (1870),  Art.  4. 

Sec.  14.  All  general  elections  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November;  but  township  elections  may  be  held  at 
such  time  as  may  be  provided  by  law:  Provided,  That  the  general  as- 


239 


sembly  may  provide  by  law  for  the  election  of  all  judges  of  courts  of 
general  or  appellate  jurisdiction,  by  an  election  to  be  held  for  such 
officers  only,  at  which  time  no  other  officer  shall  be  yoted  for;  and  shall 
also  provide  for  the  registration  of  all  persons  entitled  to  vote. — Ind. 
(1851),  Art.  2. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years,  and  rep- 
resentatives for  the  term  of  two  years,  from  the  day  next  after  their 
general  election : Provided , however , That  the  senators  elect,  at  the  sec- 
ond meeting  of  the  general  assembly  under  this  constitution,  shall  be 
divided,  by  lot,  into  two  equal  classes,  as  nearly  as  may  be;  and  the 
seats  of  senators  of  the  first  class  shall  be  vacated  at  the  expiration  of 
two  years,  and  those  of  the  second  class  at  the  expiration  of  four  years ; 
so  that  one-half,  as  nearly  as  possible,  shall  be  chosen  biennially  forever 
thereafter.  And  in  case  of  increase  in  the  number  of  senators,  they  shall 
be  so  annexed  by  lot,  to  the  one  or  the  other  of  the  two  classes,  as  to 
keep  them  as  nearly  equal  as  practicable. — Ind.  (1851),  Art.  4. 

Sec;  3.  The  members  of  the  house  of  representatives  shall  be  chosen 
«very  second  year,  by  the  qualified  electors  of  their  respective  districts, 
on  the  second  Tuesday  in  October,  except  the  years  of  the  presidential 
election,  when  the  election  shall  be  on  the  Tuesday  next  after  the  first 
Monday  in  November,  and  their  term  of  office  shall  commence  on  the 
first  day  of  January  next  after  their  election,  and  continue  two  years, 
and  until  their  successors  are  elected,  and  qualified  [elections  now  held 
uniformly  in  November]. — Iowa  (1857),  Art.  3. 

Sec.  29.  At  the  general  election  held  in  eighteen  hundred  and  seventy- 
six,  and  thereafter,  members  of  the  house  of  representatives  shall  be 
elected  for  two  years  and  members  of  the  senate  shall  be  elected  for  four 
jears. — Kam.  (1859),  Art.  2 (Amdt.  1875). 

Sec.  31.  At  the  general  election  in  the  year  one  thousand  eight  hun- 
dred and  ninety-three  one  senator  shall  be  elected  in  each  senatorial 
district,  and  one  representative  in  each  representative  district.  The 
senators  then  elected  shall  hold  their  offices,  one-half  for  two  years 
and  one-half  for  four  years,  as  shall  be  determined  by  lot  at  the  first  ses- 
sion of  the  general  assembly  after  their  election,  and  the  representatives 
shall  hold  their  offices  for  two  years.  Every  two  years  thereafter  there 
shall  be  elected  for  four  years  one  senator  in  each  senatorial  district  in 
which  the  term  of  his  predecessor  in  office  will  then  expire,  and  in  every 
representative  district  one  representative  for  two  years. — Ky.  (1891), 
Sec.  31. 

Sec.  5.  The  meetings  within  this  state  for  the  choice  of  representatives 
shall  be  warned  in  due  course  of  law  by  the  selectmen  of  the  several 
towns  seven  days  at  least  before  the  election,  and  the  selectmen  thereof 
shall  preside  impartially  at  such  meetings,  receive  the  votes  of  all  the 
qualified  electors  present,  sort,  count  and  declare  them  in  open  town 
meeting,  and  in  the  presence  of  the  town  clerk,  who  shall  form  a list  of 
the  persons  voted  for,  with  the  number  of  votes  for  each  person  against 
his  name,  shall  make  a fair  record  thereof  in  the  presence  of  the  select- 


240 


men  and  in  open  town  meeting.  And  the  towns  and  plantations  organ- 
ized by  law,  belonging  to  any  class  herein  provided,  shall  hold  their  meet- 
ings at  the  same  time  in  the  respective  towns  and  plantations;  and  the 
town  and  plantation  meetings  in  such  towns  and  plantations  shall  be 
notified,  held  and  regulated,  the  votes  received,  sorted,  counted  and 
declared  in  the  same  manner.  And  the  assessors  and  clerks  of  planta- 
tions shall  have  all  the  powers,  and  be  subject  to  all  the  duties,  which 
selectmen  and  town  clerks  have,  and  are  subject  to  by  this  constitution. 
And  fair  copies  of  the  lists  of  votes  shall  be  attested  by  the  selectmen 
and  town  clerks  of  towns,  and  the  assessors  of  plantations,  and  sealed 
up  in  open  town  and  plantation  meetings;  and  the  town  and  plantation 
clerks  respectively  shall  cause  the  same  to  be  delivered  into  the  secre- 
tary’s office  thirty  days  at  least  before  the  first  Wednesday  of  January 
annually.  And  the  governor  and  council  shall  examine  the  returned 
copies  of  such  lists,  and  also  all  lists  of  votes  of  citizens  in  the  military 
service,  returned  to  the  secretary’s  office,  as  provided  in  article  second, 
section  four,  of  this  constitution;  and  twenty  days  before  the  said  first 
Wednesday  of  January,  annually,  shall  issue  a summons  to  such  per- 
sons as  shall  appear  to  be  elected  by  a plurality  of  all  the  votes  re- 
turned, to  attend  and  take  their  seats.  But  all  such  lists  shall  be  laid 
before  the  house  of  representatives  on  the  first  Wednesday  of  January 
annually,  and  they  shall  finally  determine  who  are  elected.  The  electors 
resident  in  any  city  may,  at  any  meeting  duly  notified  for  the  choice  of 
representatives,  vote  for  such  representatives  in  their  respective  ward 
meetings,  and  the  wardens  in  said  wards  shall  preside  impartially  at 
such  meetings,  receive  the  votes  of  all  qualified  electors  present,  sort, 
count  and  declare  them  in  open  ward  meetings,  and  in  the  presence  of 
the  ward  clerk,  who  shall  form  a list  of  the  persons  voted  for,  with  the 
number  of  votes  for  each  person  against  his  name,  shall  make  a fair 
record  thereof  in  the  presence  of  the  warden,  and  in  open  ward  meet- 
ings; and  a fair  copy  of  this  list  shall  be  attested  by  the  warden  and 
ward  clerk,  sealed  up  in  open  ward  meeting,  and  delivered  to  the  city 
clerk  within  twenty-four  hours  after  the  close  of  the  polls.  And  the 
electors  resident  in  any  city  may  at  any  meetings  duly  notified  and 
holden  for  the  choice  of  any  other  civil  officers  for  whom  they  have  been 
required  heretofore  to  vote  in  town  meeting,  vote  for  such  officers  in  their 
respective  wards,  and  the  same  proceedings  shalj  be  had  by  the  warden 
and  ward  clerk  in  each  ward,  as  in  the  case  of  votes  for  representatives. 
And  the  aldermen  of  any  city  shall  be  in  session  within  twenty-four  hours 
after  the  close  of  the  polls  in  such  meetings,  and  in  the  presence  of  the 
city  clerk  shall  open,  examine  and  compare  the  copies  from  the  lists  of 
votes  given  in  the  several  wards,  of  which  the  city  clerk  shall  make  a 
record,  and  return  thereof  shall  be  made  into  the  secretary  of  state’s 
office  in  the  same  manner  as  selectmen  of  towns  are  required  to  do. — Me. 
(1819),  Art.  4,  Part  1. 

Sec.  3.  The  meetings  within  this  state  for  the  election  of  senators 
shall  be  notified,  held  and  regulated,  and  the  votes  received,  sorted, 
counted  declared  and  recorded,  in  the  same  manner  as  those  for  repre- 
sentatives. And  fair  copies  of  the  list  of  votes  shall  be  attested  by  the 
selectmen  and  town  clerks  of  towns,  and  the  assessors  and  clerks  of 
plantations,  and  sealed  up  in  open  town  and  plantation  meetings;  and 


241 


the  town  and  plantation  clerks  respectively  shall  cause  the  same  to  be 
delivered  into  the  secretary’s  office  thirty  days  at  least  before  the  first 
Wednesday  of  January.  All  other  qualified  electors,  living  in  places  un- 
incorporated, who  shall  be  assessed  to  the  support  of  the  government  by 
the  assessors  of  an  adjacent  town,  shall  have  the  privilege  of  voting  for 
senators,  representatives  and  governor  in  such  town ; and  shall  be 
notified  by  the  selectmen  thereof  for  that  purpose  accordingly. — Me. 
(1819),  Art.  4,  Part  2. 

Sec.  4.  The  governor  and  council  shall,  as  soon  as  may  be,  examine 
the  returned  copies  of  such  lists,  and  also  the  lists  of  votes  of  citizens  in 
the  military  service,  returned  into  the  secretary’s  office,  and  twenty  days 
before  the  said  first  Wednesday  of  January,  issue  a summons  to  such 
persons,  as  shall  appear  to  be  elected  by  a pluralit}T  of  the  votes  for  each 
district,  to  attend  that  day  and  take  their  seats. — Me.  (1819),  Art.  4, 
Part  2. 

Sec.  5.  The  senate  shall,  on  the  said  first  Wednesday  of  January, 
annually,  determine  who  are  elected  by  a plurality  of  votes  to  be  sena- 
tors in  each  district ; and  in  case  the  full  number  of  senators  to  be  elected 
from  each  district  shall  not  have  been  so  elected,  the  members  of  the 
house  of  representatives  and  such  senators,  as  shall  have  been  elected, 
shall,  from  the  highest  numbers  of  the  persons  voted  for,  on  said  lists, 
equal  to  twice  the  number  of  senators  deficient,  in  every  district,  if  there 
be  so  many  voted  for,  elect  by  joint  ballot  the  number  of  senators  re- 
quired; and  in  this  manner  all  vacancies  in  the  senate  shall  be  supplied 
as  soon  as  may  be,  after  such  vacancies  happen. — Me.  (1819),  Art.  4, 
Part  2. 

The  governor,  senators  and  representatives  in  the  legislature,  shall  be 
elected  biennially,  and  hold  office  two  years  from  the  first  Wednesday  in 
January  next  succeeding  their  election;  and  the  legislature,  at  the  first 
session  next  after  the  adoption  of  this  article,  shall  make  all  needful  pro- 
visions by  law  concerning  the  tenure  of  office  of  all  county  officers,  and 
concerning  the  annual  or  biennial  reports  of  the  state  treasury  and  other 
state  officers  and  institutions;  and  shall  make  all  such  provisions  by  law 
as  may  be  required  in  consequence  of  the  change  from  annual  to  biennial 
elections,  and  from  annual  to  biennial  sessions  of  the  legislature.  The 
first  election  under  this  article  shall  be  in  the  year  one  thousand  eight 
hundred  and  eighty;  and  the  first  meeting  of  the  legislature  under  this 
article  shall  be  on  the  first  Wednesday  of  January,  eighteen  hundred  and 
eighty-one. — Me.  (1819),  Art.  23.  (Amdt.). 

Sec.  6.  The  members  of  the  house  of  delegates  shall  be  elected  by  the 
qualified  voters  of  the  counties,  and  the  legislative  districts  of  Balti- 
more City,  respectively,  to  serve  for  two  years  from  the  day  of  their 
election. — Md.  (1867),  Art.  3. 

Sec.  7.  The  first  election  for  senators  and  delegates  shall  take  place 
on  the  Tuesday  next  after  the  first  Monday  in  the  month  of  November, 
eighteen  hundred  and  sixty-seven;  and  the  election  for  delegates,  and  as 
31 — Legislative  Dept. 


242 


nearly  as  practicable,  for  one-half  of  the  senators  shall  be  held  on  the 
same  day  in  every  second  year  thereafter. — Md.  (1867),  Art.  3. 

Art.  3.  Every  member  of  the  house  of  representatives  shall  be  chosen 
by  written  votes. — Mass.  (1780),  Part  2,  Chap.  1,  Sec.  3,  Art.  3. 

Sec.  37.  Elections  for  members  of  the  legislature  shall  be  held  in  the 
several  counties  and  districts  as  provided  by  law. — Miss.  (1890),  Art.  4. 

Sec.  10.  The  first  election  of  senators  and  representatives,  under  this 
constitution,  shall  be  held  at  the  general  election  in  the  year  one  thou- 
sand eight  hundred  and  seventy-six,  when  the  whole  number  of  repre- 
sentatives, and  the  senators  from  the  districts  having  odd  numbers,  who 
shall  compose  the  first  class,  shall  be  chosen ; and  in  one  thousand  eight 
hundrei  and  seventy-eight,  the  senators  from  the  districts  having  even 
numbers,  who  shall  compose  the  second  class,  and  so  on  at  each  succeed- 
ing general  election,  half  the  senators  provided  for  by  this  constitution 
shall  be  chosen. — Mo.  (1875),  Art.  4. 

Sec.  3.  The  members  of  the  assembly  shall  be  chosen  biennially  by  the 
qualified  electors  of  their  respective  districts,  on  the  Tuesday  next  after 
the  first  Monday  in  November,  and  their  term  of  office  shall  be  two  years 
from  the  day  next  after  their  election. — Ncv.  (1864),  Art.  4. 

Art.  11.  The  members  of  the  house  of  representatives  shall  be  chosen 
biennially,  in  the  month  of  November,  and  shall  be  the  second  branch 
of  the  legislature. — N.  H.,  Part  2,  Art.  11. 

Art.  26.  The  freeholders  and  other  inhabitants  of  each  district,  quali- 
fied as  in  this  constitution  is  provided,  shall,  biennially,  give  in  their 
votes  for  a senator  at  some  meeting  liolden  in  the  month  of  November. — 
N.  H.,  Part  2,  Art.  26. 

Art.  27.  The  senate  shall  be  the  first  branch  of  the  legislature,  and  the 
senators  shall  be  chosen  in  the  following  manner,  viz. : Every  male  in- 
habitant of  each  town,  and  parish  with  town  privileges,  and  places  unin- 
corporated, in  this  state,  of  twenty-one  years  of  age  and  upward,  ex- 
cepting paupers  and  persons  excused  from  paying  taxes  at  their  own 
request,  shall  have  a right,  at  the  biennial  or  other  meetings  of  the  in- 
habitants of  said  towns  and  parishes,  to  be  duly  warned  and  holden  bi- 
ennially, forever,  in  the  month  of  November,  to  vote,  in  the  town  or 
parish  wherein  he  dwells,  for  the  senator  in  the  district  whereof  he  is 
a member. — N.  H.}  Part  2,  Art.  27. 

Art.  33.  And  in  case  there  shall  not  appear  to  be  a senator  elected 
by  a majority  of  votes  for  any  district,  the  deficiency  shall  be  supplied  in 
the  following  manner,  viz. : The  members  of  the  house  of  representatives 
and  such  senators  as  shall  be  declared  elected  shall  take  the  names  of 
the  two  persons  having  the  highest  number  of  votes  in  the  district,  and 
out  of  them  shall  elect,  by  joint  ballot,  the  senator  wanted  for  such 
district;  and,  in  this  manner,  all  such  vacancies  shall  be  filled  up  in 
every  district  of  the  state;  all  vacancies  in  the  senate  arising  by  death, 


243 


removal  out  of  the  state,  or  otherwise,  except  from  failure  to  elect,  shall 
be  filled  by  a new  election  by  the  people  of  the  district,  upon  the  requisi- 
tion of  the  governor,  as  soon  as  mav  be  after  such  vacancies  shall  happen. 
—N.  H.,  Part  2,  Art.  33. 

3.  Members  of  the  senate  and  general  assembly  shall  be  elected  yearly 
and  every  year,  on  the  first  Tuesdaj^  after  the  first  Monday  in  November ; 
and  the  two  houses  shall  meet  separately  on  the  second  Tuesday  in  Janu- 
ary next  after  the  said  day  of  election,  at  which  time  of  meeting  the 
legislative  year  shall  commence;  but  the  time  of  holding  such  election 
may  be  altered  by  the  legislature. — N.  J.  (1844),  Art.  4,  Sec.  1,  Cl.  3. 

Sec.  9.  The  elections  of  senators  and  members  of  assembly,  pursuant 
to  the  provisions  of  this  constitution,  shall  be  held  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November,  unless  otherwise  directed  by  the 
legislature. — -N.  Y.  (1894),  Art.  3. 

Sec.  25.  The  terms  of  office  for  senator  and  members  of  the  house  of 
representatives  shall  commence  at  the  time  of  their  election. — N.  C. 
(1875),  Art.  2. 

Sec.  27.  The  election  for  members  of  the  general  assembly  shall  be 
held  for  the  respective  districts  and  counties,  at  the  places  where  they  are 
now  held,  or  may  be  directed  hereafter  to  be  held,  in  such  manner  as 
may  be  prescribed  by  law,  on  the  first  Thursday  in  August,  in  the  year 
one  thousand  eight  hundred  and  seventy,  and  every  two  years  thereafter. 
But  the  general  assembly  may  change  the  time,  of  holding  the  elections. — 
X.  C.  (1875),  Art.  2. 

Sec.  41.  The  term  of  service  of  the  members  of  the  legislative  assembly 
shall  begin  on  the  first  Tuesday  in  January,  next  after  their  election. — 
X.  Dak.  (1889),  Art.  2. 

Sec.  2.  Senators  and  representatives  shall  be  elected  biennially  by  the 
electors  of  the  respective  counties  or  districts,  on  the  first  Tuesday  after 
the  first  Monday  in  November ; their  term  of  office  shall  commence  on  the 
first  dav  of  Januarv  next  thereafter,  and  continue  two  years. — Ohio 
(1851),  Art.  2 (Arndt.  1885). 

Sec.  3.  The  senators  and  representatives  shall  be  chosen  by  the  elec- 
tors of  the  respective  counties  or  districts  into  which  the  state  may  from 
time  to  time  be  divided  by  law. — Ore.  (1857),  Art.  4. 

Sec.  2.  Members  of  the  general  assembly  shall  be  chosen  at  the  general 
election  every  second  year.  Their  term  of  service  shall  begin  on  the  first 
day  of  December  next  after  their  election.  Whenever  a vacancy  shall 
occur  in  either  house,  the  presiding  officer  thereof  shall  issue  a writ  of 
election  to  fill  such  vacancy  for  the  remainder  of  the  term. — Pa.  (1873), 
Art.  2. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years,  and  repre- 
sentatives for  the  term  of  two  years. — Pa.  (1873),  Art.  2. 


244 


Sec.  8.  The  first  election  for  members  of  the  house  of  representatives 
under  this  constitution,  shall  be  held  on  Tuesday  after  the  first  Monday 
in  November,  eighteen  hundred  and  ninety-six,  and  in  every  second  year 
thereafter,  in  such  manner  and  at  such  places  as  the  general  assembly 
may  prescribe;  and  the  first  election  for  senators  shall  be  held  on  Tues- 
day after  the  first  Monday  in  November,  eighteen  hundred  and  ninety- 
six,  and  every  fourth  year  thereafter,  except  in  counties  in  which  there 
was  an  election  for  senator  in  eighteen  hundred  and  ninety-four  for  a 
full  term,  in  which  counties  no  election  for  senator  shall  be  held  until 
the  general  election  to  be  held  in  eighteen  hundred  and  ninety-eight,  and 
every  fourth  year  thereafter,  except  to  fill  vacancies.  Senators  shall  be 
so  classified  that  one-half  of  their  number,  as  nearly  as  practicable,  shall 
be  chosen  every  two  years.  Whenever  the  general  assembly  shall  estab- 
lish more  than  one  county  at  any  session,  it  shall  so  prescribe  the  first 
term  of  the  senators  from  such  counties  as  to  observe  such  classification. 
— 8.  C.  (1895),  Art.  3. 

Sec.  10.  The  terms  of  office  of  the  senators  and  representatives  chosen 
at  a general  election  shall  begin  on  the  Monday  following  such  election. — 
8.  C.  (1895),  Art.  3. 

Sec.  7.  The  first  election  for  senators  and  representatives  shall  be  held 
on  the  second  Tuesday  in  November,  one  thousand  eight  hundred  and 
seventy;  and  forever  thereafter,  elections  for  members  of  the  general 
assembly  shall.be  held  once  in  two  years,  on  the  first  Tuesday  after  the 
first  Monday  in  November.  Said  elections  shall  terminate  the  same  day. 
— Term.  (1870),  Art.  2. 

Sec.  27.  Elections  for  senators  and  representatives  shall  be  general 
throughout  the  state,  and  shall  be  regulated  by  law. — Tex.  (1875),  Art.  3. 

Sec.  3.  The  members  of  the  house  of  representatives,  after  the’  first 
election,  shall  be  chosen  by  the  qualified  electors  of  the  respective  repre- 
sentative districts,  on  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber, 1896,  and  biennially  thereafter.  Their  term  of  office  shall  be  two 
years,  from  the  first  dav  of  January  next  after  their  election. — Utah 
(1896),  Art.  6. 

Art.  5.  The  freemen  of  the  several  towns  in  each  county  shall  annually 
give  their  votes  for  the  senators  apportioned  to  such  county,  at  the  same 
time,  and  under  the  same  regulations,  as  are  now  provided  for  the 
election  of  councillors.  And  the  person  or  persons,  equal  in  number  to 
the  number  of  senators,  apportioned  to  such  county,  having  the  greatest 
number  of  legal  votes  in  such  county  respectively,  shall  be  the  senator  or 
senators  of  such  county.  At  every  election  of  senators,  after  the  votes 
shall  have  been  taken,  the  constable  or  presiding  officer,  assisted  by  the 
selectmen  and  civil  authority  present,  shall  sort  and  count  the  said  votes, 
and  make  two  lists  of  the  names  of  each  nerson,  with  the  number  of  votes 
given  for  each  annexed  to  his  name,  a record  of  which  shall  be  made  in 
the  town  clerk’s  office,  and  shall  seal  up  said  lists,  separately,  and  write 
on  each  the  name  of  the  town,  and  these  words,  “Votes  for  senator,”  or 
‘A  otes  for  senators,”  as  the  case  may  be,  one  of  which  lists  shall  be  de- 


245 


livered  by  the  presiding  officer  to  the  representative  of  said  town,  (if  any) 
and  if  none  be  chosen,  to  the  representative  of  an  adjoining  town,  to  be 
transmitted  to  the  president  of  the  senate ; the  other  list,  the  said  presid- 
ing officer,  shall  within  ten  days,  deliver  to  the  clerk  of  the  county  court 
for  the  same  county,  and  the  clerk  of  each  county  court,  respectively,  or 
in  case  of  his  absence  or  disability,  to  the  sheriff  of  such  county,  or  in 
case  of  the  absence  or  disability  of  both,  to  the  high  bailiff  of  such  county, 
on  the  tenth  day  after  such  election,  shall  publicly  open,  sort,  and  count 
said  votes ; and  make  a record  of  the  same  in  the  office  of  the  clerk  of  such 
county  court,  a copy  of  which  he  shall  transmit  to  the  senate;  and  shall 
also  within  ten  days  thereafter  transmit  to  the  person,  or  persons  elected 
a certificate  of  his  or  their  election : Provided,  however,  That  the  general 
assembly  shall  have  power  to  regulate  by  law  the  mode  of  balloting  for 
senators  within  the  several  counties  and  to  prescribe  the  means  and  the 
manner  by  which  the  result  of  the  balloting  shall  be  ascertained,  and 
through  which  the  senators  chosen  shall  be  certified  of  their  election,  and 
for  filling  all  vacancies  in  the  senate,  which  shall  happen  by  death,  resig- 
nation or  otherwise.  But  they  shall  not  have  power  to  apportion  the  sen- 
ators to  the  several  counties,  otherwise,  than  according  to  the  population 
thereof  agreeably  to  the  provisions  herein  before  ordained. — Vt.  (1793), 
(Amdt.)  Art.  5. 

Sec.  4.  Members  of  the  house  of  representatives  shall  be  elected  in  the 
year  eighteen  hundred  and  eighty-nine,  at  the  time  and  in  the  manner 
provided  by  this  constitution,  and  shall  hold  their  offices  for  the  term  of 
one  vear  and  until  their  successors  shall  be  elected. — Wash.  (1889), 
Art.  2. 


Sec.  5.  The  next  election  of  the  members  of  the  house  of  representa- 
tives after  the  adoption  of  this  constitution  shall  be  on  the  first  Tuesday 
after  the  first  Monday  of  November,  eighteen  hundred  and  ninety,  and 
thereafter  members  of  the  house  of  representatives  shall  be  elected  bien- 
nially, and  their  term  of  office  shall  be  two  years;  and  each  election  shall 
be  on  the  first  Tuesday  after  the  first  Monday  in  November,  unless  other- 
wise changed  by  law. — Wash.  (1889),  Art.  2. 

Sec.  6.  After  the  first  election  the  senators  shall  be  elected  by  single 
districts  of  convenient  and  contiguous  territory  at  the  same  time  and  in 
the  same  manner  as  members  of  the  house  of  representatives  are  required 
to  be  elected,  and  no  representative  district  shall  be  divided  in  the  forma- 
tion of  a senatorial  district.  They  shall  be  elected  for  the  term  of  four 
years,  one-half  of  their  number  retiring  every  two  years.  The  senatorial 
districts  shall  be  numbered  consecutively,  and  the  senators  chosen  at  the 
first  election  had  by  virtue  of  this  constitution,  in  odd  numbered  districts, 
shall  go  out  of  office  at  the  end  of  the  first  year,  and  the  senators  elected 
in  the  even  numbered  districts  shall  go  out  of  office  at  the  end  of  the 
third  year. — Wash.  (1889),  Art.  2. 

Sec.  4.  The  members  of  the  assembly  shall  be  chosen  biennially,  by 
single  districts,  on  the  Tuesday  succeeding  the  first  Monday  of  November 
after  the  adoption  of  this  amendment,  by  the  qualified  electors  of  the 
several  districts;  such  districts  to  be  bounded  by  county,  precinct,  town 


246 


or  ward  lines,  to  consist  of  contiguous  territory,  and  be  in  as  compact 
form  as  practicable. — Wis.  (1848),  Art.  4 (Arndt.  1881). 

Sec.  5.  The  senators  shall  be  elected  by  single  districts  of  convenient 
contiguous  territory,  at  the  same  time  and  in  the  same  manner  as  mem- 
bers of  the  assembly  are  required  to  be  chosen,  and  no  assembly  district 
shall  be  divided  in  the  formation  of  a senate  district.  The  senate  dis- 
tricts shall  be  numbered  in  the  regular  series,  and  the  senators  shall  be 
chosen  alternately  from  the  odd  and  even-numbered  districts.  The  sen- 
ators elected,  or  holding  over  at  the  time  of  the  adoption  of  this  amend- 
ment, shall  continue  in  office  until  their  successors  are  duly  elected  and 
qualified;  and  after  the  adoption  of  this  amendment,  all  senators  shall  be 
chosen  for  the  term  of  four  years. — Wis.  (1848),  Art.  4 (Arndt.  1881). 

Sec.  5.  Members  of  the  senate  and  house  of  representatives  shall  be 
elected  on  the  day  provided  by  law  for  the  general  election  of  a member 
of  congress,  and  their  term  of  office  shall  begin  on  the  first  Monday  of 
January  thereafter. — Wyo.  (1889),  Art.  3. 


STATE  PAPER  PROHIBITED. 

(39)  Sec.  35.  The  legislature  shall  not  establish  a state  paper. — Mich. 
(1855),  Art.  4. 


PUBLICATION  OF  LAWS  AND  DECISIONS. 

(40)  Sec.  36.  The  legislature  shall  provide  for  the  speedy  publication 
of  all  statute  laics  of  a public  nature,  and  of  such  judicial  decisions  as  it 
may  deem  expedient.  All  lairs  and  judicial  decisions  shall  be  free  for 
publication  by  any  person. — Mich.  (1850),  Art.  4. 

Sec.  16.  The  legislature  shall  provide  for  the  speedy  publication  of 
such  opinions  of  the  supreme  court  as  it  may  deem  expedient,  and  all 
opinions  shall  be  free  for  publication  bv  anv  person. — Cal.  (1880), 
Art.  6. 

Sec.  8.  The  general  assembly  shall  provide  for  the  publication  of 
the  laws  passed  at  each  session  thereof ; and  until  the  year  1900  they 
shall  cause  to  be  published  in  Spanish  and  German  a sufficient  number 
of  copies  of  said  laws  to  supply  that  portion  of  the  inhabitants  of  the 
state  who  speak  those  languages  and  who  may  be  unable  to  read  and 
understand  the  English  language. — Colo.  (1876),  Art.  18. 

Sec.  9.  This  constitution  shall  be  prefixed  to  every  codification  of  the 
laws  of  this  state. — Del.  (1897),  Art.  15. 

Sec.  6.  The  legislature  shall  provide  for  the  speedy  publication  and 
distribution  of  all  laws  it  may  enact.  Decisions  of  the  supreme  court 
and  all  laws  and  judicial  decisions  shall  be  free  for  publication  by  any 
person.  But  no  judgment  of  the  supreme  court  shall  take  effect  until  the 


247 


decision  of  the  court  in  such  case  shall  be  filed  with  the  clerk  of  said 
court. — Fla.  (1885),  Art.  16  ( Arndt . 1896). 

Sec.  6.  The  general  assembly  shall  provide  by  law  for  the  speedy  pub- 
lication of  the  decisions  of  the  supreme  court,  made  under  this  constitu- 
tion, but  no  judge  shall  be  allowed  to  report  such  decision. — Ind.  (1851), 
Art.  7. 


Sec.  43.  The  supreme  court  of  the  state  shall  designate  what  opinions 
delivered  by  the  court,  or  the  judges  thereof,  may  be  printed  at  the  ex- 
pense of  the  state;  and  the  general  assembly  shall  make  no  provision 
for  payment  by  the  state  for  the  publication  of  any  case  decided  by  said 
court  not  so  designated. — Mo.  (1875),  Art.  6. 

Sec.  44.  All  judicial  decisions  in  this  state  shall  be  free  for  publication 
by  any  person. — Mo.  (1875),  Art.  6. 

Sec.  32.  The  legislative  assembly  may  provide  for  the  publication  of 
decisions  and  opinions  of  the  supreme  court. — Mont.  (1889),  Art.  8. 

Sec.  8.  The  legislature  shall  provide  for  the  speedy  publication  of  all 
statute  laws  of  a general  nature,  and  such  decisions  of  the  supreme  court 
as  it  may  deem  expedient;  and  all  laws  and  judicial  decisions  shall  be 
free  for  publication  by  any  person : Provided , That  no  judgment  of  the 
supreme  court  shall  take  effect  and  be  operative  until  the  opinion  of  the 
court  in  such  case  shall  be  filed  with  the  clerk  of  said  court. — Nev . 
(1864),  Art.  15. 

Sec.  21.  The  legislature  shall  provide  for  the  speedy  publication  of  all 
statutes,  and  shall  regulate  the  reporting  of  the  decisions  of  the  courts; 
but  all  laws  and  judicial  decisions  shall  be  free  for  publication  by  any 
person. — N.  Y.  (1894),  Art.  6. 

Sec.  32.  The  general  assembly  shall  provide  by  law  for  the  speedy 
publication  of  the  decisions, of  the  supreme  court  made  under  this  con- 
stitution.— 8.  C.  (1895),  Art.  5. 

Sec.  23.  The  legislature  may  provide  for  the  publication  of  decisions 
and  opinions  of  the  supreme  court,  but  all  decisions  shall  be  free  to  pub- 
lishers.— Utah  (1896),  Art.  8. 

Sec.  21.  The  legislature  shall  provide  for  the  speedy  publication  of 
opinions  of  the  supreme  court,  and  all  opinions  shall  be  free  for  publica- 
tion by  any  person. — Wash.  (1889),  Art.  4. 

Sec.  21.  The  legislature  shall  provide  by  law  for  the  speedy  pub- 
lication of  all  statute  laws,  and  of  such  judicial  decisions,  made  within 
the  state,  as  may  be  deemed  expedient.  And  no  general  law  shall  be  in 
force  until  published. — Wis.  (1848),  Art.  7. 


248 


VACANCIES  IN  OFFICE. 

(41)  Sec.  37.  The  legislature  may  declare  the  cases  in  which  any 
office  shall  be  deemed  vacant,  and  also  the  manner  of  filling  the  vacancy, 
where  no  'provision  is  made  for  that  purpose  in  this  constitution. — Mich. 
(1850),  Art.  4. 

Sec.  9.  Vacancies  in  county,  township  and  town  offices  shall  be  filled 
in  such  manner  as  may  be  prescribed  by  law. — Ind.  (1851),  Art.  6. 

Art.  171.  The  general  assembly  may  determine  the  mode  of  filling  va- 
cancies in  all  offices,  for  the  filling  of  which  provision  is  not  made  in 
this  constitution. — La.  (1898),  Art.  171. 

Sec.  103.  In  all  cases,  not  otherwise  provided  for  in  this  constitution, 
the  legislature  may  determine  the  mode  of  filling  all  vacancies,  in  all 
offices,  and  in  cases  of  emergency  provisional  appointments  may  be  made 
by  the  governor,  to  continue  until  the  vacancy  is  regularly  filled;  and 
the  legislature  shall  provide  suitable  compensation  for  all  officers,  and 
shall  define  their  respective  powers. — Miss.  (1890),  Art.  4. 

Sec.  20.  All  offices  created  by  this  constitution  shall  become  vacant  by 
the  death  of  the  incumbent,  by  removal  from  the  state,  resignation,  con- 
viction of  a felony,  impeachment,  or  becoming  of  unsound  mind.  And  the 
legislature  shall  provide  by  general  law  for  the  filling  of  such  vacancy, 
when  no  provision  is  made  for  that  purpose  in  this  constitution. — Neb. 
(1875),  Art.  3. 

Sec.  5.  The  legislature  shall  provide  for  filling  vacancies  in  office,  and 
in  case  of  elective  officers,  no  person  appointed  to  fill  a vacancy  shall  hold 
his  office  by  virtue  of  such  appointment  longer  than  the  commencement 
of  the  political  year  next  succeeding  the  first  annual  election  after  the 
happening  of  the  vacancy. — N.  Y.  (1894),  Art.  10. 

Sec.  8.  The  legislature  may  declare  the  cases  in  which  any  office  shall 
be  deemed  vacant  when  no  provision  is  made  for  that  purpose  in  this  con- 
stitution.— N.  Y.  (1894),  Art.  10. 

Sec.  9.  Vacancies  in  county,  township,  precinct  and  city  offices  shall 
be  filled  in  such  manner  as  may  be  prescribed  by  law. — Ore.  (1857), 
Art.  6. 


Sec.  4.  The  election  of  all  officers  and  the  filling  of  all  vacancies  not 
otherwise  directed  or  provided  by  this  constitution  shall  be  made  in 
such  manner  as  the  legislature  shall  direct. — Tcnn.  (1870),  Art.  7, 
Sec.  4. 


Sec.  10.  The  legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant,  and  also  the  manner  of  filling  the  vacancy,  where 
no  provision  is  made  for  that  purpose  in  this  constitution. — Wis.  (1848), 
Art.  13. 


249 


LOCAL  LEGISLATIVE  AND  ADMINISTRATIVE  POWERS. 

(42)  Sec.  38.  The  legislature  may  confer  upon  organized  townships , 
incorporated  cities  and  villages , and  upon  the  hoard  of  supervisors  of  the 
several  counties,  such  powers  of  a local,  legislative  and  administrative 
character  as  they  may  deem  proper. — Mich.  (1850),  Art.  4. 

Sec.  89.  The  legislature  shall  not  have  power  to  authorize  any  mu- 
nicipal corporation  to  pass  any  laws  inconsistent  with  the  general  laws 
of  this  state. — Ala.  (1901),  Art.  4. 

Sec.  9.  The  general  assembly  may  vest  the  corporate  authorities  of 
cities,  towns  and  villages  with  power  to  make  local  improvements  by 
special  assessment  or  by  special  taxation  of  contiguous  property,  or 
otherwise.  For  all  other  corporate  purposes,  all  municipal  corporations 
may  be  vested  with  authority  to  assess  and  collect  taxes ; but  such  taxes 
shall  be  uniform  in  respect  to  persons  and  property  within  the  jurisdic- 
tion of  the  body  imposing  the  same. — III.  (1870),  Art.  9. 

Sec.  10.  The  general  assembly  may  confer  upon  the  boards  doing 
county  business  in  the  several  counties,  powers  of  a local  administrative 
character. — Ind.  (1851),  Art.  6. 

Sec.  21.  The  legislature  may  confer  upon  tribunals  transacting  the 
county  business  of  the  several  counties,  such  powers  of  local  legislation 
and  administration  as  it  shall  deem  expedient. — Kan.  (1859),  Art.  2. 

Sec.  5.  Any  county  and  township  organization  shall  have  such  powers 
of  local  taxation  as  may  be  prescribed  by  law. — Minn.  (1857),  Art.  11. 

Sec.  27.  The  legislature  shall,  by  general  laws,  confer  upon  the  boards 
of  supervisors  of  the  several  counties  of  the  state  such  further  powers 
of  local  legislation  and  administration  as  the  legislature  may,  from  time 
to  time,  deem  expedient. — N.  Y.  (1894),  Art.  3. 

Sec.  9.  The  legislature  shall  have  the  right  to  vest  such  powers  in  the 
courts  of  justice,  with  regard  to  private  and  local  affairs,  as  may  be  ex- 
pedient.— Tenn.  (1870),  Art.  11. 

Sec.  65.  The  general  assembly  may,  by  general  laws,  confer  upon  the 
boards  of  supervisors  of  counties,  and  the  councils  of  cities  and  towns, 
such  powers  of  local  and  special  legislation,  as  it  may  from  time  to  time 
deem  expedient,  not  inconsistent  with  the  limitations  contained  in  this 
constitution. — Va.  (1902),  Art.  4. 

Sec.  22.  The  legislature  may  confer  upon  the  boards  of  supervisors  of 
the  several  counties  of  the  state,  such  powers  of  a local,  legislative  and 
administrative  character,  as  thev  shall  from  time  to  time  prescribe. — 
Wis.  (1848),  Art.  4. 

32 — Legislative  Dept. 


250 


RELIGIOUS  LIBERTY  AND  EQUALITY;  SECTARIAN  APPROPRIATIONS. 

(43)  Sec.  39.  The  legislature  shall  pass  no  law  to  prevent  any 
person  from  worshiping  Almighty  God  according  to  the  dictates  of  his 
own  conscience , or  to  compel  any  person  to  attend \,  erect , or  support 
any  place  of  religious  worship,  or  to  pay  tithes,  taxes,  or  other  rates 
for  the  support  of  any  minister  of  the  gospel  or  teacher  of  religion. — 
Mich.  (1850),  Art.  4. 

(44)  Sec.  40.  No  money  shall  he  appropriated  or  drawn  from  the 
treasury  for  the  benefit  of  any  religious  sect  or  society,  theological  or 
religious  seminary,  nor  shall  property  belonging  to  the  state  be  appro- 
priated for  any  such  purposes. — Mich.  (1850),  Art.  4. 

(45)  Sec.  41.  The  legislature  shall  not  diminish  or  enlarge  the  civil 
or  political  rights , privileges  and  capacities  of  any  person  on  account  of 
his  opinions  or  belief  concerning  matters  of  religion. — Mich.  (1850), 
Art.  4. 

Sec.  3.  That  no  religion  shall  be  established  by  law;  that  no  prefer- 
ence shall  be  given  by  law  to  any  religions  sect,  society,  denomination  or 
mode  of  worship ; that  no  one  shall  be  compelled  by  law  to  attend  any 
place  of  worship;  nor  to  pay  any  tithes,  taxes  or  other  rates  for  building 
or  repairing  any  place  of  worship,  or  for  maintaining  any  minister  or 
ministry;  that  no  religious  test  shall  be  required  as  a qualification  to  any 
office  or  public  trust  under  this  state;  and  that  the  civil  rights,  privileges 
and  capacities  of  any  citizen  shall  not  be  in  any  manner  affected  b}'  his 
religious  principles. — Ala.  (1901),  Art.  1. 

Sec.  73.  No  appropriation  shall  be  made  to  any  charitable  or  educa- 
tional institution  not  under  the  absolute  control  of  the  state,  other  than 
normal  schools  established  by  law  for  the  professional  training  of  teach- 
ers for  the  public  schools  of  the  state,  except  by  a vote  of  two-thirds  of  all 
the  members  elected  to  each  house. — Ala.  (1901),  Art.  4. 

Sec.  24.  All  men  have  a natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences;  no  man 
can,  of  right,  be  compelled  to  attend,  erect  or  support  any  place  of  wor- 
ship ; or  to  maintain  any  ministry  against  his  consent.  No  human  author- 
ity can,  in  any  case  or  manner  whatsoever,  control  or  interfere  with  the 
right  of  conscience;  and  no  preference  shall  ever  be  given,  by  law,  to  any 
religious  establishment,  denomination  or  mode  of  worship  above  any 
other. — Ark.  (1874),  Art.  2. 

Sec.  25.  Religion,  morality  and  knowledge  being  essential  to  good 
government,  the  general  assembly  shall  enact  suitable  laws  to  protect 
every  religious  denomination  in  the  peaceable  enjoyment  of  its  own  mode 
of  public  worship. — Ark.  (1874),  Art.  2. 

Sec.  20.  No  religious  test  shall  ever  be  required  of  any  person  as  a 
qualification  to  vote  or  hold  office,  nor  shall  any  person  be  rendered  incom- 
petent to  be  a witness  on  account  of  his  religious  belief;  but  nothing  here- 


251 


in  shall  be  construed  to  dispense  with  oaths  or  affirmations. — Ark.  (1874), 
Art.  2. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  guar- 
anteed in  this  state;  and  no  person  shall  be  rendered  incompetent  to  be 
a witness  or  juror  on  account  of  his  opinions  on  matters  of  religious  be- 
lief ; but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  construed 
as  to  excuse  acts  of  licentiousness,  or  justify  practices  inconsistent  with 
the  peace  or  safety  of  this  state. — Cal.  (1880),  Art.  1. 

Sec.  4.  That  the  free  exercise  and  enjoyment  of  religious  profession 
and  worship,  without  discrimination,  shall  forever  hereafter  be  guar- 
anteed ; and  no  person  shall  be  denied  any  civil  or  political  right,  priv- 
ege  or  capacity,  on  account  of  his  opinions  concerning  religion;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  construed  to  dispense 
with  oaths  or  affirmations,  excuse  acts  of  licentiousness,  or  justify  prac- 
tices inconsistent  wTith  the  good  order,  peace  or  safety  of  the  state.  No 
person  shall  be  required  to  attend  or  support  any  ministry  or  place  of 
worship,  religious  sect,  or  denomination  against  his  consent.  Nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or  mode 
of  worship. — Colo.  (1876),  Art.  2. 

Sec.  34.  No  appropriation  shall  be  made  for  charitable,  industrial, 
educational  or  benevolent  purposes,  to  any  person,  corporation,  or  com- 
munity not  under  the  absolute  control  of  the  state,  nor  to  any  denomina- 
tional or  sectarian  institution  or  association. — Colo.  (1876),  Art.  5. 

Sec.  1.  It  being  the  duty  of  all  men  to  worship  the  Supreme  Being, 
the  Great  Creator  and  Preserver  of  the  Universe,  and  their  right  to 
render  that  worship  in  the  mode  most  consistent  with  the  dictates  of  their 
consciences,  no  person  shall  by  law  be  compelled  to  join  or  support,  nor 
be  classed  with,  or  associated  to,  any  congregation,  church,  or  religious 
association.  But  every  person  now  belonging  to  such  congregation,  church, 
or  religious  association,  shall  remain  a member  thereof  until  he  shall 
have  separated  himself  therefrom  in  the  manner  hereinafter  provided. 
And  each  and  every  society  or  denomination  of  Christians  in  this  state 
shall  have  and  enjoy  the  same  and  equal  powers,  rights,  and  privileges; 
and  shall  have  power  and  authority  to  support  and  maintain  the  ministers 
or  teachers  of  their  respective  denominations,  and  to  build  and  repair 
houses  for  public  worship  by  a tax  on  the  members  of  any  such  society 
only,  to  be  laid  by  a major  vote  of  the  legal  voters  assembled  at  any  so- 
ciety meeting,  warned  and  held  according  to  law,  or  in  any  other  manner. 
—Conn.  (1818),  Art.  7. 

Sec.  3.  The  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination,  shall  forever  be  free  to  all  persons  in  this 
state : Provide,  That  the  right  hereby  declared  and  established  shall  not 
be  so  construed  as  to  excuse  acts  of  licentiousness,  or  to  justify  practices 
inconsistent  with  the  peace  and  safety  of  the  state. — Conn.  (1818),  Art.  1. 


252 


Sec.  4.  No  preference  shall  be  given  by  law  to  any  Christian  sect  or 
mode  of  worship. — Conn.  (1818),  Art.  \. 

Sec.  1.  Although  it  is  the  duty  of  all  men  frequently  to  assemble  to- 
gether for  the  public  worship  of  Almighty  God;  and  piety  and  morality, 
on  which  the  prosperity  of  communities  depends,  are  thereby  promoted; 
yet  no  man  shall  or  ought  to  be  compelled  to  attend  any  religious  wor- 
ship, to  contribute  to  the  erection  or  support  of  any  place  of  worship, 
or  to  the  maintenance  of  any  ministry,  against  his  own  free  will  and 
consent ; and  no  power  shall  or  ought  to  be  vested  in  or  assumed  by  any 
magistrate  that  shall  in  any  case  interfere  with,  or  in  any  manner  con- 
trol the  rights  of  conscience,  in  the  free  exercise  of  religious  worship,  nor 
a preference  given  by  law  to  any  religious  societies,  denominations,  or 
modes  of  worship. — Del.  (1897),  Art.  1. 

Sec.  5.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship  shall  forever  be  allowed  in  this  state,  and  no  person  shall  be 
rendered  incompetent  as  a witness  on  account  of  his  religious  opinions; 
but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to 
justify  licentiousness  or  practices  subversive  of.  or  inconsistent  with,  the 
peace  or  moral  safety  of  the  state  or  society. — Fla.  (1885),  Dec.  of  Bights. 

Sec.  6.  No  preference  shall  be  given  by  law  to  any  church,  sect  or 
mode  of  worship,  and  no  money  shall  ever  be  taken  from  the  public  treas- 
ury directly  or  indirectly  in  aid  of  any  church,  sect  or  religious  denomi- 
nation, or  in  aid  of  any  sectarian  institution. — Fla.  (1885),  * Dec.  of 
Rights. 


Sec.  1.  Par.  12.  All  men  have  the  natural  and  inalienable  right  to 
worship  God,  each  according  to  the  dictates  of  his  own  conscience,  and  no 
human  authority  should,  in  any  case,  control  or  interfere  with  such  right 
of  conscience. — Ga.  (1877),  Art.  1. 

Sec.  3.  Par.  13.  No  inhabitant  of  this  state  shall  be  molested  in 
person  or  property,  or  prohibited  from  holding  any  public  office  or  trust, 
on  account  of  his  religious  opinions;  but  the  right  of  liberty  of  con- 
science shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or 
justifv  practices  inconsistent  with  the  peace  and  safety  of  the  state. — Ga. 
(1877),  Art.  1. 

Sec.  1.  Par.  14.  No  money  shall  ever  be  taken  from  the  public  treas- 
ury, directly  or  indirectly,  in  aid  of  any  church,  sect  or  denomination  of 
religionists,  or  of  any  sectarian  institution. — Ga.  (1877),  Art.  1. 

Sec.  4.  The  exercise  and  enjoyment  of  religious  faith  and  worship  shall 
forever  be  guaranteed;  and  no  person  shall  be  denied  any  civil  or  political 
right,  privilege,  or  capacity  on  account  of  his  religious  opinions;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  construed  to  dispense 
with  oaths  or  affirmations,  or  excuse  acts  of  licentiousness  or  justify  po- 
lygamous or  other  pernicious  practices,  inconsistent  with  morality  or  the 
peace  or  safety  of  the  state;  nor  to  permit  any  person,  organization,  or 
association  to  directly  or  indirectly  aid  or  abet,  counsel  or  advise,  any 


253 


person  to  commit  the  crime  of  bigamy  or  polygamy,  or  any  other  crime. 
No  person  shall  be  required  to  attend  or  support  any  ministry  or  place 
of  worship,  religious  sect  or  denomination,  or  pay  tithes  against  his  con- 
sent ; nor  shall  any  preference  be  given  by  law  to  any  religious  denomina- 
tion or  mode  of  worship.  Bigamy  and  polygamy  are  forever  prohibited 
in  the  state,  and  the  legislature  shall  provide  by  law  for  the  punishment 
of  such  crimes. — Idaho  (1889),  Art.  1. 

Sec.  3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination,  shall  forever  be  guaranteed;  and  no 
person  shall  be  denied  any  civil  or  political  right,  privilege  or  capacity  on 
account  of  his  religious  opinions;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  construed  to  dispense  with  oaths  or  affirmations,  ex- 
cuse acts  of  licentiousness,  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  the  state.  No  person  shall  be  required  to  attend  or 
support  any  ministry  or  place  of  worship  against  ,his  consent,  nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or  mode  of 
worship. — III.  (1870),  Art.  2. 

Sec.  2.  All  men  shall  be  secured  in  their  natural  right  to  worship 
Almightv  God  according  to  the  dictates  of  their  own  consciences. — Ind. 
(1857),  Art.  1. 

Sec.  3.  No  law  shall,  in  any  case  whatever,  control  the  free  exercise 
and  enjoyment  of  religious  opinions,  or  interfere  with  the  rights  of  con- 
science.— Ind.  (1851),  Art.  1. 

% 

Sec.  4.  No  preference  shall  be  given,  by  law,  to  any  creed,  religious 
society  or  mode  of  worship;  and  no  man  shall  be  compelled  to  attend, 
erect  or  support  any  place  of  worship,  or  to  maintain  any  ministry 
against  his  consent. — Ind.  (1851),  Art.  1. 

Sec.  5.  No  religious  test  shall  be  required  as  a qualification  for  any 
office  of  trust  or  profit. — Ind.  (1851),  Art.  1. 

Sec.  fi.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit  of 
any  religious  or  theological  institution. — Ind.  (1851),  Art.  1. 

Sec.  3.  The  general  assembly  shall  make  no  law  respecting  an  estab- 
lishment of  religion,  or  prohibiting  the  free  exercise  thereof,  nor  shall 
any  person  be  compelled  to  attend  any  place  of  worship,  pay  tithes,  taxes 
or  other  rates  for  building  or  repairing  places  of  worship  or  the  mainte- 
nance of  any  minister  or  ministry. — Iowa  (1857),  Art.  1. 

Sec.  4.  No  religious  test  shall  be  required  as  a qualification  for  any 
office  of  public  trust,  and  no  person  shall  be  deprived  of  any  of  his  rights, 
privileges,  or  capacities,  or  disqualified  from  the  performance  of  any  of 
his  public  or  private  duties,  or  rendered  incompetent  to  give  evidence  in 
any  court  of  law  or  equity,  in  consequence  of  his  opinions  on  the  subject 
of  religion;  and  any  party  to  any  judicial  proceeding  shall  have  the  right 
to  use  as  a witness,  or  take  the  testimony  of,  any  other  person,  not  dis- 
qualified on  account  of  interest,  who  may  be  cognizant  of  any  fact  mate- 


254 


rial  to  the  case;  and  perhaps  to  suits  may  be  witnesses,  as  provided  by 
law. — Iowa  (1857),  Art.  1. 

Sec.  6.  All  laws  of  a general  nature  shall  have  a uniform  operation; 
the  general  assembly  shall  not  grant  to  any  citizen  or  class  of  citizens, 
privileges  or  immunities,  wrhich  upon  the  same  terms  shall  not  equally 
belong  to  all  citizens. — Iowa  (1857),  Art.  1. 

Sec.  7.  The  right  to  worship  God,  according  to  the  dictates  of  con- 
science, shall  never  be  infringed;  nor  shall  any  person  be  compelled  to 
attend  or  support  any  form  of  worship ; nor  shall  any  control  of,  or  inter- 
ference with  the  rights  of  conscience  be  permitted,  nor  any  preference 
be  given  by  law  to  any  religious  establishment  or  mode  of  worship.  No 
religious  test  or  property  qualification  shall  be  required  for  any  office 
of  public  trust,  nor  for  any  vote  at  any  election;  nor  shall  any  person 
be  incompetent  to  testify  on  account  of  religious  belief. — Kan.  (1859) , 
Bill  of  Rights. 

Sec.  5.  No  preference  shall  ever  be  given  by  law  to  any  religious  sect, 
society  or  denomination ; nor  to  any  particular  creed,  mode  of  worship  or 
system  of  ecclesiastical  polity;  nor  shall  any  person  be  compelled  to 
attend  any  place  of  worship,  to  contribute  to  the  erection  or  maintenance 
of  any  such  place,  or  to  the  salary  or  support  of  any  minister  of  religion; 
nor  shall  any  man  be  compelled  to  send  his  child  to  any  school  to  which 
he  may  be  conscientiously  opposed;  and  the  civil  rights,  privileges  or  ca- 
pacities of  no  person  shall  be  taken  away,  or  in  anywise  diminished  or 
enlarged,  on  account  of  his  belief  or  disbelief  of  any  religious  tenet, 
dogma  or  teaching.  No  human  authority  shall,  in  any  case  whatever, 
control  or  interfere  with  the  rights  of  conscience.— Ky.  (1891),  Bill  of 
Rights. 

Art.  4.  Every  person  has  the  natural  right  to  worship  God,  according 
to  the  dictates  of  his  conscience,  and  no  law  shall  be  passed  respecting  an 
establishment  of  religion. — La.  (1898),  Art.  4. 

Art.  53.  No  money  shall  ever  be  taken  from  the  public  treasury,  directly 
or  indirectly  in  aid  of  any  church,  sect  or  denomination  of  religion  or  in 
aid  of  any  priest,  preacher,  minister  or  teacher  thereof,  as  such,  and  no 
preference  shall  ever  be  given  to,  nor  any  discrimination  made  against, 
any  church,  sect  or  creed  of  religion,  or  any  form  of  religious  faith  or 
worship;  nor  shall  any  appropriation  be  made  for  private,  charitable  or 
benevolent  purposes  to  any  person  or  community : Provided,  This  shall 
not  apply  to  the  state  asylum  for  the  insane  and  state  institution  for  the 
deaf  and  dumb,  and  state  institution  for  the  instruction  of  the  blind,  and 
the  charity  hospitals  and  public  charitable  institutions  conducted  under 
state  authority.  — La.  (1898),  Art.  53. 

Sec.  3.  All  men  have  a natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences,  and  no 
one  shall  be  hurt,  molested  or  restrained  in  his  person,  liberty  or  estate 
for  worshipping  God  in  the  manner  and  season  most  agreeable  to  the  dic- 
tates of  his  conscience,  nor  for  his  religious  professions  or  sentiments: 


provided  he  does  not  disturb  the  public  peace,  nor  obstruct  others  in  their 
religious  worship;  and  all  persons  demeaning  themselves  peaceably, 
as  good  members  of  the  state,  shall  be  equally  under  the  protection  of  the 
laws,  and  no  subordination  nor  preference  of  any  one  sect  or  denomina- 
tion to  another  shall  ever  be  established  by  law,  nor  shall  any  religious 
test  be  required  as  a qualification  for  any  office  or  trust,  under  this  state ; 
and  all  religious  societies  in  this  state,  whether  incorporate  or  unincor- 
porate, shall  at  all  times  have  the  exclusive  right  of  electing  their  public 
teachers,  and  contracting  with  them  for  their  support  and  maintenance. — 
Me.  (1819),  Art.  1. 

Art.  36.  That  as  it  is  the  duty  of  every  man  to  worship  God  in  such 
manner  as  he  thinks  most  acceptable  to  Him.  all  persons  are  equally  en- 
titled to  protection  in  their  religious  liberty ; wherefore,  no  person  ought, 
by  any  law.  to  be  molested  in  his  person  or  estate,  on  account  of  his 
religious  persuasion  or  profession,  or  for  his  religious  practice,  unless, 
under  the  color  of  religion,  he  shall  disturb  the  good  order,  peace  or 
safety  of  the  state,  or  shall  infringe  the  laws  of  morality,  or  injure  others 
in  their  natural,  civil  or  religious  rights;  nor  ought  any  person  to  be 
compelled  to  frequent,  or  maintain,  or  contribute,  unless  on  contract,  to 
maintain  any  place  of  worship  or  any  ministry;  nor  shall  any  person, 
otherwise  competent,  be  deemed  incompetent  as  a witness,  or  juror,  on  ac- 
count of  his  religious  belief:  Provided.  He  believes  in  the  existence  of 

God.  and  that  under  His  dispensation  such  person  will  be  held  morally 
accountable  for  his  acts,  and  be  rewarded  or  punished  therefor  in  this 
world  or  the  world  to  come. — Md.  (1867),  Dec.  of  Rights. 

Art.  38.  That  every  gift,  sale  or  devise  of  land  to  any  minister,  public 
teacher  or  preacher  of  the  gospel,  as  such,  or  to  any  religious  sect,  order 
or  denomination,  or  to.  or  for  the  support,  use  or  benefit  of.  or  in  trust 
for.  any  minister,  public  teacher  or  preacher  of  the  gospel,  as  such,  or  any 
religious  sect,  order  or  denomination ; and  every  gift  or  sale  of  goods,  or 
chattels,  to  go  in  succession,  or  to  take  place  after  the  death  of  the  seller 
or  donor,  to  or  for  such  support,  use  or  benefit;  and  also  every  devise 
of  goods  or  chattels  to  or  for  the  support,  use  or  benefit  of  any  minister, 
public  teacher  or  preacher  of  the  gospel,  as  such,  or  any  religious  sect, 
order  or  denomination,  without  the  prior  or  subsequent  sanction  of  the 
legislature,  shall  be  void ; except  always,  any  sale,  gift,  lease  or  devise  of 
any  quantity  of  land,  not  exceeding  five  acres,  for  a church,  meeting- 
house, or  other  house  of  worship,  or  parsonage,  or  for  a burying-ground, 
which  shall  be  improved,  enjoyed  or  used  only  for  such  purpose;  or  such 
sale,  gift,  lease  or  devise  shall  be  void. — Md.  (1867),  Dee.  of  Rights. 

Art.  2.  It  is  the  right  as  well  as  the  duty  of  all  men  in  society,  pub- 
licly, and  at  stated  seasons,  to  worship  the  Supreme  Being,  the  great 
Creator  and  Preserver  of  the  universe.  And  no  subject  shall  be  hurt, 
molested,  or  restrained,  in  his  person,  liberty,  or  estate,  for  worshipping 
God  in  the  manner  and  season  most  agreeable  to  the  dictates  of  his  own 
conscience;  or  for  his  religious  profession  of  sentiments;  provided  he 
does  not  disturb  the  public  peace,  or  obstruct  others  in  their  religious 
worship. — Mass.  (1780)  , Part  1. 


256 


Art.  11.  As  the  public  worship  of  God  and  instructions  in  piety,  re- 
ligion, and  morality,  promote  the  happiness  and  prosperity  of  a people, 
and  the  security  of  a republican  government;  therefore,  the  several  re- 
ligious societies  of  this  commonwealth,  whether  corporate  or  incorporate, 
at  any  meeting  legally  warned  and  holden  for  that  purpose,  shall  ever 
have  the  right  to  elect  their  pastors  or  religious  teachers,  to  contract 
with  them  for  their  support,  to  raise  money  for  erecting  and  repairing 
houses  for  public  worship,  for  the  maintenance  of  religious  instruction, 
and  for  the  payment  of  necessary  expenses ; and  all  persons  belonging  to 
any  religious  society  shall  be  taken  and  held  to  be  members,  until  they 
shall  file  with  the  clerk  of  such  society  a written  notice,  declaring  the  dis- 
solution of  their  membership,  and  thenceforth  shall  not  be  liable  for  any 
grant  or  contract  which  may  be  thereafter  made,  or  entered  into  by  such 
society;  and  all  religious  sects  and  denominations,  demeaning  themselves 
peaceably,  and  as  good  citizens  of  the  commonwealth,  shall  be  equally 
under  the  protection  of  the  law ; and  no  subordination  of  any  one  sect  or 
denomination  to  another  shall  ever  be  established  by  law. — Mass.  (1780), 
Art.  11  (Arndt.  1833). 

Sec.  16.  The  enumeration  of  rights  in  this  constitution  shall  not  be 
construed  to  deny  or  impair  others  retained  by  and  inherent  in  the  people. 
The  right  of  every  man  to  worship  God  according  to  the  dictates  of  his 
own  conscience  shall  never  be  infringed,  nor  shall  any  man  be  compelled 
to  attend,  erect  or  support  any  place  of  worship,  or  to  maintain  any  re- 
ligious or  ecclesiastical  ministry,  against  his  consent ; nor  shall  any  con- 
trol or  interference  with  the  rights  of  conscience  be  permitted,  or  any 
preference  be  given  by  law  to  any  religious  establishment  or  mode  of  wor- 
ship; but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  construed 
as  to  excuse  acts  of  licentiousness,  or  justify  practices  inconsistent  with 
the  peace  or  safety  of  the  state,  nor  shall  any  money  be  drawn  from  the 
treasury  for  the  benefit  of  any  religious  societies,  or  religious  or  the- 
ological seminaries. — Minn.  (1857),  Art.  1. 

Sec.  17.  No  religious  test  or  amount  of  property  shall  ever  be  required 
as  a qualification  for  any  office  of  public  trust  under  the  state.  No  re- 
ligious test  or  amount  of  property  shall  ever  be  required  as  a qualification 
of  any  voter  at  any  election  in  this  state ; nor  shall  any  person  be  rendered 
incompetent  to  give  evidence  in  any  court  of  law  or  equity  in  consequence 
of  his  opinion  upon  the  subject  of  religion. — Minn.  (1857),  Art.  1. 

Sec.  18.  No  religious  test  as  a qualification  for  office  shall  be  required; 
and  no  preference  shall  be  given  by  law  to  any  religious  sect  or  mode  of 
worship ; but  the  free  enjoyment  of  all  religious  sentiments  and  the  differ- 
ent modes  of  worship  shall  be  held  sacred.  The  rights  hereby  secured 
shall  not  be  construed  to  justify  acts  of  licentiousness  injurious  to  morals 
or  dangerous  to  the  peace  and  safety  of  the  state,  or  to  exclude  the 
Holy  Bible  from  use  in  any  public  school  of  this  state. — Miss.  (1890), 
Art.  3. 


Sec.  5.  That  all  men  have  a natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience;  that  no 
person  can,  on  account  of  his  religious  opinions,  be  rendered  ineligible 


to  any  office  of  trust  or  profit  under  this  state,  nor  be  disqualified  from 
testifying,  or  from  serving  as  a juror;  that  no  human  authority  can  con- 
trol or  interfere  with  the  rights  of  conscience;  that  no  person  ought  by 
any  law,  to  be  molested  in  his  person  or  estate,  on  account  of  his  religious 
persuasion  or  profession ; but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  nor  to  justify 
practices  inconsistent  with  the  good  order,  peace  or  safety  of  this  state, 
or  with  the  rights  of  others. — J/o.  (1875),  Art.  2. 

Sec.  6.  That  no  person  can  be  compelled  to  erect,  support  or  attend 
any  place  or  system  of  worship,  or  to  maintain  or  support  any  priest, 
minister,  preacher  or  teacher  of  any  sect,  church,  creed  or  denomination 
of  religion ; but  if  any  person  shall  voluntarily  make  a contract  for  any 
such  object,  he  shall  be  held  to  the  performance  of  the  same. — J/o.  (1875), 
Art.  2. 

Sec.  7.  That  no  money  shall  ever  be  taken  from  the  public  treasury, 
directly,  or  indirectly,  in  aid  of  any  church,  sect  or  denomination  of  re- 
ligion. or  in  aid  of  any  priest,  preacher,  minister  or  teacher  thereof,  as 
such;  and  that  no  preference  shall  be  given  to  nor  any  discrimination 
made  against  any  church,  sect  or  creed  of  religion,  or  any  form  of  religi- 
ous faith  or  worship. — J/o.  (1875),  Art.  2. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination,  shall  forever  hereafter  be  guaranteed, 
and  no  person  shall  be  denied  any  civil  or  political  right  or  privilege  on 
account  of  his  opinions  concerning  religion,  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  construed  to  dispense  with  oaths  or  affirma- 
tions. excuse  acts  of  licentiousness,  by  bigamous  or  polygamous  marriage, 
or  otherwise,  or  justify  practices  inconsistent  with  the  good  order,  peace 
or  safety  of  the  state,  or  opposed  to  the  civil  authority  thereof,  or  of  the 
United  States.  Xo  person  shall  be  required  to  attend  any  place  of  wor- 
ship or  support  any  ministry,  religious  sect  or  denomination,  against  his 
consent;  nor  shall  any  preference  be  given  by  law  to  any  religious  de- 
nomination or  mode  of  worship. — Mont.  (1889),  Art.  3. 

Sec.  35.  Xo  appropriation  shall  be  made  for  charitable,  industrial, 
educational  or  benevolent  purposes  to  any  person,  corporation  or  com- 
munity not  under  the  absolute  control  of  the  state,  nor  to  any  denomi- 
national or  sectarian  institution  or  association. — Mont.  (1889),  Art.  5. 

Sec  4.  All  persons  have  a natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences.  Xo 
person  shall  be  compelled  to  attend,  erect  or  support  any  place  of  worship 
against  his  consent,  and  no  preference  shall  be  given  by  law  to  any  re- 
ligious society,  nor  shall  any  interference  with  the  rights  of  conscience  be 
permitted.  Xo  religious  test  shall  be  required  as  a qualification  for 
office,  nor  shall  any  person  be  incompetent  to  be  a witness  on  account  of 
his  religious  belief ; but  nothing  herein  shall  be  construed  to  dispense  with 
oaths  and  affirmations.  Religion,  morality,  and  knowledge,  however, 
being  essential  to  good  government,  it  shall  be  the  duty  of  the  legislature 
to  pass  suitable  laws  to  protect  every  religious  denomination  in  the 
33 — Legislative  Dept. 


258 


peaceable  enjoyment  of  its  own  mode  of  public  worship,  and  to  encourage 
schools  and  the  means  of  instruction. — Aeb.  (1875),  Art.  1. 

Sec.  10.  Xo  public  funds  of  any  kind  or  character  whatever,  state, 
county,  or  municipal,  shall  be  used  for  sectarian  purposes. — Nev.  (1864), 
Art.  11  (Arndt.  1880). 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  allowed 
in  this  state ; and  no  person  shall  be  rendered  incompetent  to  be  a witness 
on  account  of  his  opinions  on  matters  of  his  religious  belief;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse 
acts  of  licentiousness,  or  justify  practices  inconsistent  with  the  peace 
or  safety  of  this  state. — Nev.  11864),  Art.  1. 

Art.  4.  Among  the  natural  rights,  some  are  in  their  very  nature  un- 
alienable, because  no  equivalent  can  be  given  or  conceived  for  them.  Of 
this  kind  are  the  rights  of  conscience. — N.  U..  Part.  1. 

Art.  5.  Every  individual  has  a natural  and  unalienable  right  to  wor- 
ship God  according  to  the  dictates  of  his  own  conscience  and  reason ; and 
no  subject  shall  be  hurt,  molested,  restrained  in  his  person,  liberty,  or 
estate  for  worshiping  God  in  the  manner  and  season  most  agreeable  to 
the  dictates  of  his  own  conscience,  or  for  his  religious  profession,  senti- 
ments, or  persuasion  provided  he  doth  not  disturb  the  public  peace,  or 
disturb  others  in  their  religious  worship. — N.  H.,  Part.  1. 

Art.  6.  As  morality  and  piety,  rightly  grounded  on  evangelical  prin- 
ciples, will  give  the  best  and  greatest  security  to  government,  and  will 
lay  in  the  hearts  of  men  the  strongest  obligations  to  due  subjection,  and 
as  the  knowledge  of  these  is  most  likely  to  be  propagated  through  a society 
by  the  institution  of  the  public  worship  of  the  Deity  and  of  public  instruc- 
tion in  morality  and  religion,  therefore,  to  promote  these  important  pur- 
poses, the  people  of  this  state  have  a right  to  empower,  and  do  hereby  fully 
empower,  the  legislature  to  authorize,  from  time  to  time,  the  several 
towns,  parishes,  bodies  corporate,  or  religious  societies  within  this  state 
to  make  adequate  provision,  at  their  own  expense,  for  the  support  and 
maintenance  of  public  Protestant  teachers  of  piety,  religion,  and  moral- 
ity: Provided,  notwithstanding , That  the  several  towns,  parishes,  bodies 
corporate,  or  religious  societies  shall  at  all  times  have  the  exclusive  right 
of  electing  their  own  public  teachers,  and  of  contracting  with  them  for 
their  support  and  maintenance.  And  no  person  of  any  one  particular 
religious  sect  or  denomination  shall  ever  be  compelled  to  pay  toward  the 
support  of  the  teacher  or  teachers  of  another  persuasion,  sect,  or  de- 
nomination. And  every  denomination  of  Christians,  demeaning  them- 
selves quietly  and  as  good  subjects  of  the  state,  shall  be  equally  under 
the  protection  of  the  law;  and  no  subordination  of  any  one  sect  or  de- 
nomination to  another  shall  ever  be  established  by  law.  And  nothing 
herein  shall  be  understood  to  affect  any  former  contracts  made  for  the 
support  of  the  ministry;  but  all  such  contracts  shall  remain  and  be  in 
the  same  state  as  if  this  constitution  had  not  been  made. — N.  H.,  Part  1. 


259 


3.  No  person  shall  be  deprived  of  the  inestimable  privilage  of  wor- 
shiping Almighty  God  in  a manner  agreeable  to  the  dictates  of  his  own 
conscience;  nor,  under  any  pretense  whatever,  to  be  compelled  to  attend 
any  place  of  worship  contrary  to  his  faith  and  judgment;  nor  shall  any 
person  be  obliged  to  pay  tithes,  taxes  or  other  rates  for  building  or  re- 
pairing any  church  or  churches,  place  or  places  of  worship,  or  for  the 
maintenance  of  any  minister  or  ministry,  contrary  to  what  he  believes 
to  be  right,  or  has  deliberately  and  voluntarily  engaged  to  perform. — 
N..J.  (1844),  Art.  1,  Sec.  3. 

4.  There  shall  be  no  establishment  of  one  religious  sect  in  prefer- 
ence to  another;  no  religious  test  shall  be  required  as  a qualification 
for  any  office  or  public  trust;  and  no  person  shall  be  denied  the  enjoy- 
ment of  anv  civil  right  merely  on  account  of  his  religious  principles. — 
N.  J.  (1844),  Art.  1,  Sec.  4. 

Sec.  3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  allowed 
in  this  state  to  all  mankind ; and  no  person  shall  be  rendered  incompe- 
tent to  be  a witness  on  account  of  his  opinions  on  matters  of  religious 
belief;  but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  or  safety  of  this  state. — N.  Y.  (1894),  AH.  1. 

Sec.  26.  All  men  have  a natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  .consciences,  and 
no  human  authority  should,  in  any  case  whatever,  control  or  interfere 
with  the  rights  of  conscience. — N.  C.  (1875),  Art.  1. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference  shall  be  forever  guaran- 
teed in  this  state,  and  no  person  shall  be  rendered  incompetent  to  be  a 
witness  or  juror  on  account  of  his  opinion  on  matters  of  religious  belief ; 
but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  construed 
as  to  excuse  acts  of  licentiousness,  or  justify  practices  inconsistent  with 
the  peace  or  safety  of  this  state. — -N.  Dak.  (1889),  Art.  1. 

Sec.  7.  All  men  have  a natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  conscience.  No  per- 
son shall  be  compelled  to  attend,  erect,  or  support  any  place  of  worship, 
or  maintain  any  form  of  worship,  against  his  consent;  and  no  preference 
shall  be  given,  by  law,  to  any  religious  society;  nor  shall  any  interfer- 
ence with  the  rights  of  conscience  be  permitted.  No  religious  test  shall 
be  required,  as  a qualification  for  office,  nor  shall  any  person  be  incompe- 
tent to  be  a witness  on  account  of  his  religious  belief ; but  nothing  herein 
shall  be  construed  to  dispense  with  oaths  and  affirmations.  Religion, 
morality,  and  knowledge,  however,  being  essential  to  good  government, 
it  shall  be  the  duty  of  the  general  assembly  to  pass  suitable  laws  to  pro- 
tect every  religious  denomination  in  the  peaceable  enjoyment  of  its  own 
mode  of  public  worship,  and  to  encourage  schools  and  the  means  of  in- 
struction.— Ohio  (1851),  Art.  1. 


260 


Sec.  2.  Perfect  toleration  of  religious  sentiment  shall  be  secured,  and 
no  inhabitant  of  the  state  shall  ever  be  molested  in  person  or  property 
on  account  of  his  or  her  mode  of  religious  worship ; and  no  religious  test 
shall  be  required  for  the  exercise  of  civil  or  political  rights.  Polygam- 
ous or  plural  marriages  are  forever  prohibited. — Okla.  (1907),  Art.  1. 

Sec.  5.  No  public  money  or  property  shall  ever  be  appropriated,  ap- 
plied, donated,  or  used,  directly  or  indirectly,  for  the  use,  benefit,  or  sup- 
port of  any  sect,  church,  denomination,  or  system  of  religion,  or  for 
the  use,  benefit,  or  support  of  any  priest,  preacher,  minister,  or  other 
religious  teacher  or  dignitarv,  or  sectarian  institution  as  such. — Olda. 
(1907),  Art.  2. 

Sec.  2.  All  men  shall  be  secured  in  their  natural  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences. — 
Ore.  (1857),  Art.  1. 

Sec.  3.  No  law  shall  in  any  case  whatever  control  the  free  exercise 
and  enjoyment  of  religious  opinions,  or  interfere  with  the  rights  of  con- 
science.— Ore.  (1857),  Art.  1. 

Sec.  4.  No  religious  test  shall  be  required  as  a qualification  for  any 
office  of  trust  or  profit. — Ore.  (1857),  Art.  1. 

Sec.  5.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit 
of  any  religious  or  theological  institution,  nor  shall  any  money  be 
appropriated*  for  the  payment  of  any  religious  services  in  either  house 
'of  the  legislative  assembly. — Ore.  (1857),  Art.  1. 

Sec.  3.  All  men  have  a natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences;  no  man 
can  of  right  be  compelled  to  attend,  erect  or  support  any  place  of  wor- 
ship, or  to  maintain  any  ministry  against  his  consent;  no  human  au- 
thority can,  in  any  case  whatever,  control  or  interfere  with  the  rights 
of  conscience  and  no  preference  shall  ever  be  given  by  law  to  any  religious 
establishments  or  modes  of  worship. — Pa.  (1873),  Art.  1. 

Sec.  4.  No  person  who  acknowledges  the  being  of  a God  and  a future 
state  of  rewards  and  punishments,  shall,  on  account  of  his  religious 
sentiments  be  disqualified  to  hold  any  office  or  place  of  trust  or  profit 
under  this  commonwealth. — Pa.  (1873),  Art.  1. 

Sec.  18.  No  appropriations,  except  for  pensions  or  gratuities  for 
military  services,  shall  be  made  for  charitable,  educational  or  benevolent 
purposes  to  any  person  or  community,  nor  to  any  denominational  or 
sectarian  institution,  corporation  or  association. — Pa.  (1873),  Art.  3. 

Sec.  3.  Whereas  Almighty  God  hath  created  the  mind  free;  and  all 
attempts  to  influence  it  bv  temporal  punishments  or  burdens,  or  by 
civil  incapacitations,  tend  to  beget  habits  of  hypocrisy  and  meanness; 
and  whereas  a principal  object  of  our  venerable  ancestors,  in  their 
migration  to  this  country  and  their  settlement  of  this  state,  was,  as 


261 

they  expressed  it,  to  hold  forth  a lively  experiment,  that  a riourishing 
civil  state  may  stand  and  be  best  maintained  with  full  liberty  in  religious 
concernments;  we  therefore,  declare  that  no  man  shall  be  compelled  to 
frequent  or  to  support  any  religious  worship,  place,  or  ministry  what- 
ever, except  in  fulfillment  of  his  own  voluntary  contract;  nor  enforced, 
restrained,  molested,  or  burdened  in  his  body  or  goods;  nor  disqualified 
from  holding  any  office ; nor  otherwise  suffer  on  account  of  his  religious 
belief ; and  that  every  man  shall  be  free  to  worship  God  according  to 
the  dictates  of  his  own  conscience,  and  to  profess  and  by  argument 
to  maintain  his  opinion  in  matters  of  religion ; and  that  the  same  shall 
in  no  wise  diminish,  enlarge,  or  affect  his  civil  capacity. — R.  I.  (1842), 
Art.  1. 


Sec.  4.  The  general  assembly  shall  make  no  law  respecting  an  estab- 
lishment of  religion  or  prohibiting  the  free  exercise  thereof,  or  abridging 
the  freedom  of  speech  or  of  the  press;  or  the  right  of  the  people  peace- 
ably to  assemble  and  to  petition  the  government  or  any  department 
thereof  for  a redress  of  grievances. — 8.  C.  (1895),  Art.  1. 

Sec.  3.  The  right  to  worship  God  according  to  the  dictates  of  con- 
science shall  never  be  infringed.  Xo  person  shall  be  denied  any  civil  or 
political  right,  privilege  or  position  on  account  of  his  religious  opinions; 
but  the  liberty  of  conscience  hereby  secured  sha’ll  not  be  so  construed  as  to 
excuse  licentiousness,  the  invasion  of  the  rights  of  others,  or  justify 
practices  inconsistent  with  the  peace  or  safety  of  the  state. 

Xo  person  shall  be  compelled  to  attend  or  support  any  minister  or 
place  of  worship  against  his  consent  nor  shall  any  preference  be  given 
by  law  to  any  religious  establishment,  or  mode  of  worship.  Xo  money  or 
property  of  the  state  shall  be  given  or  appropriated  for  the  benefit  of  any 
sectarian  or  religious  society  or  institution. — &.  D.  (1889),  Art.  6. 

/ 

Sec.  3.  That  all  men  have  a natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience ; that  no 
man  can,  of  right,  be  compelled  to  attend,  erect,  or  support  any  place 
of  worship,  or  to  maintain  any  minister,  against  his  consent;  that  no 
human  authority  can,  in  any  case  whatever,  control  or  interfere  with  the 
rights  of  conscience;  and  that  no  preference  shall  ever  be  given,  by  law, 
to  any  religious  establishment  or  mode  [“modes’’  in  constitution  of 
1796]  of  worship. — Teuy.  (1870),  Art.  1. 

Sec.  4.  That  no  political  or  religious  test,  other  than  an  oath  to  sup- 
port the  constitution  of  the  United  States  and  of  this  state,  shall  ever 
be  required  as  a qualification  to  any  office  or  public  trust  under  this 
state. — Term.  (1870),  Art.  1. 

Sec.  15.  Xo  perspn  shall,  in  time  of  peace,  be  required  to  perform  any 
service  to  the  public  on  any  dav  set  apart  by  his  religion  as  a day  of  rest. 
—Term,  (1870),  Art.  11. 

Sec.  4.  Xo  religious  test  shall  ever  be  required  as  a qualification  to  any 
office,  or  public  trust,  in  this  state;  nor  shall  any  one  be  excluded  from 


262 


holding  office  on  account  of  his  religious  sentiments,  provided  he  acknowl- 
edge the  existence  of  a Supreme  Being. — Tex.  (1875),  Art.  1. 

Sec.  6.  All  men  have  a natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences.  No  man 
shall  be  compelled  to  attend,  erect  or  support  any  place  of  worship,  or  to 
maintain  any  minister  against  his  consent.  No  human  authority  ought,  in 
any  case  whatever,  to  control  or  interfere  with  the  rights  of  conscience  in 
matters  of  religion,  and  no  preference  shall  ever  be  given  by  law  to  any 
religious  society  or  mode  of  worship.  But  it  shall  be  the  duty  of  the  legis- 
lature to  pass  such  laws  as  may  be  necessary  to  protect  equally  every  re- 
ligious denomination  in  the  peaceable  enjoyment  of  its  own  mode  of  pub- 
lic worship. — Tex.  (1875),  Art.  1. 

Sec.  7.  No  money  shall  be  appropriated  or  drawn  from  the  treasury 
for  the  benefit  of  any  sect  or  religious  society,  theological  or  religious 
seminary;  nor  shall  property  belonging  to  the  state  be  appropriated  for 
any  such  purposes. — Tex.  (1875),  Art.  1. 

Sec.  4.  The  rights  of  conscience  shall  never  be  infringed.  The  state 
shall  make  no  law  respecting  an  establishment  of  religion  or  prohibiting 
the  free  exercise  thereof;  no  religious  test  shall  be  required  as  a qualifi- 
cation for  any  office  of  public  trust  or  for  any  vote  at  any  election; 
nor  shall  any  person  be  incompetent  as  a witness  or  juror  on  account 
of  religious  belief  or  the  absence  thereof.  There  shall  be  no  union  of 
church  and  state,  nor  shall  any  church  dominate  the  state  or  interfere 
with  its  functions.  No  public  money  or  property  shall  be  appropriated 
for  or  applied  to  any  religious  worship,  exercise  or  instruction,  or  for 
the  support  of  any  ecclesiastical  establishment.  No  property  qualifica- 
tion shall  be  required  of  any  person  to  vote,  or  hold  office,  except  as 
provided  in  this  constitution. — Utah  (1896),  Art.  1. 

Sec.  16.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and 
the  manner  of  discharging  it,  can  be  directed  only  by  reason  and  con- 
viction, not  by  force  or  violence;  and,  therefore,  all  men  are  equally 
entitled  to  the  free  exercise  of  religion,  according  to  the  dictates  of 
conscience;  and  that  it  is  the  mutual  duty  of  all  to  practice  Christian 
forbearance,  love  and  charity  towards  each  other. — Ya.  (1902),  Art.  1. 

Sec.  59.  The  general  assembly  shall  not  grant  a charter  of  incorpora- 
tion to  any  church  or  religious  denomination,  but  may  secure  the  title 
to  church  property  to  an  extent  to  be  limited  by  law. — Ya.  (1902),  Art.  4. 

Sec.  67.  The  general  assembly  shall  not  make  any  appropriation  of 
public  funds,  of  personal  property,  or  of  any  real  estate,  to  any  church, 
or  sectarian  society,  association,  or  institution  of  any  kind  whatever, 
which  is  entirely  or  partly,  directly  or  indirectly,  controlled  by  any 
church  or  sectarian  society;  nor  shall  the  general  assembly  make  any 
like  appropriation  to  any  charitable  institution,  which  is  not  owned  or 
controlled  by  the  state;  except  that  it  may,  in  its  discretion,  make  ap- 
propriations to  non-sectarian  institutions  for  the  reform  of  youthful 
criminals;  but  nothing  herein  contained  shall  prohibit  the  general  as- 


263 


sembly  from  authorizing  counties,  cities,  or  towns  to  make  such  appro- 
priations to  any  charitable  institution  or  association. — Va.  (1902),  Art.  4. 

Art.  3.  That  all  men  have  a natural  and  unalienable  right,  to  wor- 
ship Almighty  God,  according  to  the  dictates  of  their  own  consciences 
and  understandings,  as  in  their  opinion  shall  be  regulated  by  the  word 
of  God;  and  that  no  man  ought  to,  or  of  right  can  be  compelled  to  at- 
tend any  religious  worship,  or  erect  or  support  any  place  of  worship, 
or  maintain  any  minister,  contrary'  to  the  dictates  of  his  conscience, 
nor  can  any  man  be  justly  deprived  or  abridged  of  any  civil  right  as  a 
citizen,  on  account  of  his  religious  sentiments,  or  peculia[r]  mode 
of  religious  worship;  and  that  no  authority  can,  or  ought  to  be  vested 
in,  or  assumed  by,  any  power  whatever,  that  shall  in  any  case  inter- 
fere with,  or  in  any  manner  control  the  rights  of  conscience,  in  the  free 
exercise  of  religious  worship.  Nevertheless,  every  sect  or  denomination 
of  Christians  ought  to  observe  the  Sabbath  or  Lord’s  day,  and  keep  up 
some  sort  of  religious  worship,  which  to  them  shall  seem  most  agree- 
able to  the  revealed  will  of  God. — Vt.  (1793),  Chap.  1. 

Sec.  11.  Absolute  freedom  of  conscience  in  all  matters  of  religious 
sentiment,  belief  and  worship,  shall  be  guaranteed  to  every  individual, 
and  no  one  shall  be  molested  or  disturbed  in  person  or  property  on  ac- 
count of  religion,  but  the  liberty  of  conscience  hereby  secured  shall 
not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify  prac- 
tices inconsistent  with  the  peace  and  safety  of  the  state.  No  public  money 
or  property  shall  be  appropriated  for  or  applied  to  any  religious  wor- 
ship, exercise  or  instruction,  or  the  support  of  any  religious  establish- 
ment. No  religious  qualification  shall  be  required  for  any  public  office 
or  employment,  nor  shall  any  person  be  incompetent  as  a witness  or 
juror  in  consequence  of  his  opinion  on  matters  of  religion,  nor  be  ques- 
tioned in  any  court  of  justice  touching  his  religious  belief  to  effect  the 
weight  of  his  testimony. — Wash.  (1889),  Art.  1. 

Sec.  11.  Political  tests  requiring  persons,  as  a pre-requisite  to  the 
enjoyment  of  their  civil  and  political  rights,  to  purge  themselves  by  their 
own  oaths,  of  past  alleged  offences,  are  repugnant  to  the  principles  of 
free  government,  and  are  cruel  and  oppressive.  No  religious  or  politi- 
cal test  oath  shall  be  required  as  a pre  requisite  or  qualification  to  vote, 
serve  as  a juror,  sue,  plead,  appeal,  or  pursue  any  profession  or  employ- 
ment. Nor  shall  any  person  be  deprived  by  law,  of  any  right,  or 
privilege,  because  of  anv  act  done  prior  to  the  passage  of  such  law. — W. 
Va.  (1872),  Art.  3. 

Sec.  15.  No  man  shall  be  compelled  to  frequent  or  support  any  re- 
ligious worship,  place  or  ministry  whatsoever;  nor  shall  any  man  be 
enforced,  restrained,  molested  or  burthened,  in  his  body  or  goods,  or 
otherwise  suffer,  on  account  of  his  religious  opinions  or  belief,  but  all 
men  shall  be  free  to  profess,  and  by  argument,  to  maintain  their  opinions 
in  matters  of  religion;  and  the  same  shall,  in  no  wise,  affect,  diminish 
or  enlarge  their  civil  capacities;  and  the  legislature  shall  not  prescribe 
any  religious  test  whatever,  or  confer  any  peculiar  privileges  or  advan- 
tages on  any  sect  or  denomination,  or  pass  any  law  requiring  or  author- 


264 


izing  any  religious  society,  or  the  people  of  any  district  within  this  state, 
to  levy  on  themselves,  or  others,  any  tax  for  the  erection  or  repair  of  any 
house  for  public  worship,  or  for  the  support  of  any  church  or  ministry, 
but  it  shall  be  left  free  for  every  person  to  select  his  religious  instruc- 
tor, and  to  make  for  his  support,  such  private  contract  as  he  shall  please. 
—W.  Va.  (1872),  Art.  3. 

Sec.  47.  No  charter  of  incorporation  shall  be  granted  to  any  church 
or  religious  denomination.  Provision  may  be  made  by  general  laws  for 
securing  the  title  to  church  property,  and  for  the  sale  and  transfer  there- 
of, so  that  it  shall  be  held,  used,  or  transferred  for  the  purpose  of  such 
church  or  religious  denomination. — W.  Va.  (1872),  Art.  6. 

Sec.  18.  The  right  of  every  man  to  worship  Almighty  God,  according 
to  the  dictates  of  his  own  conscience,  shall  never  be  infringed ; nor  shall 
any  man  be  compelled  to  attend,  erect,  or  support  any  place  of  worship, 
or  to  maintain  any  ministry  against  his  consent ; nor  shall  any  control  of, 
or  interference  with,  the  rights  of  conscience  be  permitted,  or  any  pref- 
erence be  given  by  law  to  any  religious  establishments,  or  modes  of 
worship;  nor  shall  any  money  be  drawn  from  the  treasury  for  the  bene- 
fit of  religious  societies,  or  religious,  or  theological  seminaries. — Wis. 
(1848),  Art.  1. 

Sec.  18.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship  without  discrimination  or  preference  shall  be  forever  guar- 
anteed in  this  state,  and  no  person  shall  be  rendered  incompetent  to 
hold  any  office  of  trust  or  profit,  or  to  serve  as  a witness  or  juror,  be- 
cause of  his  opinion  on  any  matter  of  religious  belief  whatever;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to  ex- 
cuse acts  of  licentiousness  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  the  state. — Wyo.  (1889),  Art.  1. 

Sec.  2.  Perfect  toleration  of  religions  sentiment  shall  be  secured, 
and  no  (inhabitant  of  this  state  shall  ever  be  molested  in  person 
or  property  on  account  of  his  or  her  mode  of  religious  worship. — Wyo , 
( 1889 ) , Ord  i nances. 

Sec.  19.  No  money  of  the  state  shall  ever  be  given  or  appropriated  to 
any  sectarian  or  religious  society  or  institution. — Wyo.  (1889),  Art.  1. 

Sec.  36.  No  appropriation  shall  be  made  for  charitable,  industrial, 
educational  or  benevolent  purposes  to  any  person,  corporation  or  com- 
munity not  under  the  absolute  control  of  the  state,  nor  to  any  denomi- 
national or  sectarian  institution  or  association. — Wyo.  (1889),  Art.  3. 


LIBERTY  OF  SPEECH  AND  THE  PRESS. 

(46)  Sec.  42.  No  law  shall  ever  he  passed  to  restrain  or  ah  ridge  the 
liberty  of  speech  or  of  the  press ; hut  every  person  may  freely  speak , write 
and  publish  his  sentiments  on  all  subjects , being  responsible  for  the 
abuse  of  such  right. — Mich.  (1850),  Art.  4. 


265 


Sec.  4.  That  no  law  shall  ever  be  passed  to  curtail  or  restrain  the 
liberty  of  speech  or  of  the  press;  and  any  person  may  speak,  write 
and  publish  his  sentiments  on  all  subjects,  being  responsible  for  the 
abuse  of  that  liberty. — Ala.  (1901),  Art.  1,  Sec.  4. 

• 

Sec.  9.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right;  and 
no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or 
of  the  press.  In  all  criminal  prosecutions  for  libels,  the  truth  may  be 
given  in  evidence  to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the 
matter  charged  as  libelous  is  true,  and  was  published  with  good  motives, 
and  for  justifiable  ends,  the  party  shall  be  acquitted;  and  the  jury  shall 
have  the  right  to  determine  the  law  and  the  fact.  Indictments  found, 
or  information  laid,  for  publications  in  newspapers,  shall  be  tried  in  the 
county  where  such  newspapers  have  their  publication  office,  or  in  the 
county  where  the  party  alleged  to  be  libeled  resided  at  the  time  of  the 
alleged  publication,  unless  the  place  of  trial  shall  be  changed  for  good 
cause. — Cal.  (1880),  Art.  1. 

Sec.  10.  That  no  law  shall  be  passed  impairing  the  freedom  of  speech ; 
that  every  person  shall  be  free  to  speak,  write  or  publish  whatever  he  will 
on  any  subject,  being  responsible  for  all  abuse  of  that  liberty;  and  that 
in  all  suits  and  prosecutions  for  libel,  the  truth  thereof  may  be  given  in 
evidence,  and  the  jury,  under  the  direction  of  the  court,  shall  deter- 
mine the  law  and  the  fact. — Colo.  (1876),  Art.  2. 

Sec.  5.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  liberty. — 
Conn.  (1818),  Art.  1. 

Sec.  6.  No  law  shall  ever  be  passed  to  curtail  or  restrain  the  liberty 
of  speech  or  of  the  press. — Conn.  (1818)  , Art.  1. 

Sec.  13.  Every  person  may  fully  speak  and  write  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right,  and  no  laws 
shall  be  passed  to  i*estrain  or  abridge  the  liberty  of  speech  or  of  the 
press.  In  all  criminal  prosecutions  and  civil  actions  for  libel  the  truth 
may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear  that  the  mat- 
ter charged  as  libelous  is  true,  and  was  published  for  good  motives, 
the  pai’ty  shall  be  acquitted  or  exonei^ated. — Fla.  (1885)  , Dec.  of  Rights. 

Sec.  1.  Par.  15.  No  law  shall  ever  be  passed  to  curtail,  or  l’estrain, 
the  liberty  of  speech,  or  of  the  press;  any  person  may  speak,  write  and 
publish  his  sentiments  on  all  subjects,  being  l^esponsible  for  the  abuse  of 
that  liberty. — Ga.  (1877)  , Art.  1. 

Sec.  9.  Every  person  may  freely  speak,  write  and  publish  on  all  sub- 
jects, being  responsible  for  the  abuse  of  that  liberty. — Idaho  (1889), 
Art.  1. 


Sec.  4.  Every  person  may  freely  speak,  write  and  publish  on  all  sub- 
jects, being  responsible  for  the  abuse  of  that  liberty;  and  in  all  trials 
34 — Legislative  Dept. 


266 


for  libel,  both  civil  and  criminal,  the  truth,  when  published  with  good 
motives  and  for  justifiable  ends,  shall  be  a sufficient  defense. — III.  (1870), 
Art.  2. 

Sec.  9.  No  law  shall  be  passed  restraining  the  free  interchange  of 
thought  and  opinion,  or  restricting  the  right  to  speak,  write,  or  print, 
freely,  on  any  subject  whatever;  but  for  the  abuse  of  that  right  every 
person  shall  be  responsible. — Ind.  (1851),  Art.  1. 

Sec.  7.  Every  person  may  speak,  write  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right.  No  law 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech,  or  of  the 
press.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may  be 
given  in  evidence  to  the  jury,  and  if  it  appear  to  the  jury  that  the  matter 
charged  as  libelous  was  true,  and  was  published  with  good  motives  and 
for  justifiable  ends,  the  party  shall  be  acquitted. — Iowa  (1857),  Art.  1. 

Sec.  11.  The  liberty  of  the  press  shall  be  inviolate;  and  all  persons 
may  freely  speak,  write  or  publish  their  sentiments  on  all  subjects,  be- 
ing responsible  for  the  abuse  of  such  right;  and  in  all  civil  or  criminal 
actions  for  libel,  the  truth  may  be  given  in  evidence  to  the  jury,  and  if 
it  shall  appear  that  the  alleged  libelous  matter  was  published  for  justi- 
fiable ends,  the  accused  party  shall  be  acquitted. — Kan.  (1859),  Dec.  of 
Rights. 

Sec.  8.  Printing  presses  shall  be  free  to  every  person  who  undertakes 
to  examine  the  proceedings  of  the  general  assembly  or  any  branch  of 
government,  and  no  law  shall  ever  be  made  to  restrain  the  right  thereof. 
Every  person  may  freely  and  fully  speak,  write  and  print  on  any  subject, 
being  responsible  for  the  abuse  of  that  liberty. — Ky.  (1891),  Bill  of 
Rights. 


Art.  3.  No  law  shall  ever  be  passed  to  curtail  or  restrain  the  liberty 
of  speech  or  of  the  press;  any  person  may  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that  lib- 
erty.— La.  (1898),  Art.  3. 

Sec.  4.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  any  subject,  being  responsible  for  the  abuse  of  this  liberty;  no 
laws  shall  be  passed  regulating  or  restraining  the  freedom  of  the  press; 
and  in  prosecutions  for  any  publication  respecting  the  official  conduct  of 
men  in  public  capacity,  or  the  qualifications  of  those  who  are  candidates 
for  the  suffrages  of  the  people,  or  where  the  matter  published  is  proper 
for  public  information,  the  truth  thereof  may  be  given  in  evidence,  and 
in  all  indictments  for  libels,  the  jury,  after  having  received  the  direction 
of  the  court,  shall  have  a right  to  determine,  at  their  discretion,  the  law 
and  the  fact. — Me.  (1819),  Art.  1. 

Art.  40.  That  the  liberty  of  the  press  ought  to  be  inviolably  preserved ; 
that  every  citizen  of  the  state  ought  to  be  allowed  to  speak,  write  and 
publish  his  sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 
that  privilege. — Md.  (1867),  Dec.  of  Rights. 


267 


Art.  16.  The  liberty  of  the  press  is  essential  to  ,the  security  of  free- 
dom in  a state : it  ought  not,  therefore,  to  be  restrained  in  this  common- 
wealth.— J lass.  (1780),  Part  1. 

Sec.  3.  The  liberty  of  the  press  shall  forever  remain  inviolate,  and  all 
persons  may  freely  speak,  write  and  publish  their  sentiments  on  all  sub- 
jects, being  responsible  for  the  abuse  of  such  right. — Minn.  (1857),  Art.  1. 

Sec.  13.  The  freedom  of  speech  and  of  the  press  shall  be  held  sacred, 
and  in  all  prosecutions  for  libel  the  truth  may  be  given  in  evidence,  and 
the  jury  shall  determine  the  law  and  the  facts  under  the  direction  of 
the  court;  and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as 
libelous  is  true  and  was  published  with  good  motives  and  for  justifiable 
ends,  the  party  shall  be  acquitted. — Miss.  (1890),  Art.  3. 

Sec.  14.  That  no  law  shall  be  passed  impairing  the  freedom  of  speech; 
that  every  person  shall  be  free  to  say,  write  or  publish  whatever  he  will 
on  any  subject,  being  responsible  for  all  abuse  of  that  liberty;  and  that 
in  all  suits  and  prosecutions  for  libel  the  truth  thereof  may  be  given  in 
evidence,  and  the  jury,  under  the  direction  of  the  court,  shall  determine 
the  law  and  the  fact. — Mo.  (1875),  Art.  2. 

Sec.  10.  No  law  shall  be  passed  impairing  the  freedom  of  speech; 
every  person  shall  be  free  to  speak,  write  or  publish  whatever  he  will  on 
any  subject,  being  responsible  for  all  abuse  of  that  liberty;  and  that  in 
all  suits  and  prosecutions  for  libel,  the  truth  thereof  may  be  given  in  evi- 
dence; and  the  jury,  under  the  direction  of  the  court,  shall  determine 
the  law  and  the  facts.— Mont.  (1889),  Art.  3. 

Sec.  5.  Every  person  may  freely  speak,  write,  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  liberty ; and  in  all  trials 
for  libel,  both  civil  and  criminal,  the  truth  when  published  with  good' 
motives,  and  for  justifiable  ends,  shall  be  a sufficient  defense. — Neb. 
(1875),' Art.  1. 

Sec.  9.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right;  and 
no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of 
the  press.  In  all  criminal  prosecutions  and  civil  actions  for  libels  the 
truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear  to  the 
jury  that  the  matter  charged  as  libelous  is  true,  and  was  published  with 
good  motives,  and  for  justifiable  ends,  the  party  shall  be  acquitted  or 
exonerated. — Nev.  (1864),  Art.  1. 

Art.  22.  The  liberty  of  the  press  is  essential  to  the  security  of  free- 
dom in  a state;  it  ought,  therefore,  to  be  inviolablv  preserved. — N.  H., 
Part  1,  Art.  22. 

5.  Every  person  may  freely  speak,  write  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right. 
No  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of 
the  press.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may  be 


268 


given  in  evidence  to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the 
matter  charged  as  libelous  is  true,  and  was  published  with  good  motives 
and  for  justifiable  ends,  the  party  shall  be  acquitted  ; and  the  jury  shall 
have  the  right  to  determine  the  law  and  the  fact. — X.  J.  (1844),  Art.  1. 

Sec.  8.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right : and 
no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of 
the  press.  In  all  criminal  prosecutions  or  indictments  for  libels,  the 
truth  may  be  given  in  evidence  to  the  jury:  and  if  it  shall  appear  to 
the  jury  that  the  matter  charged  as  libelous  is  true,  and  was  published 
with  good  motives  and  for  justifiable  ends,  the  party  shall  be  acquitted; 
and  the  jurv  shall  have  the  right  to  determine  the  law  and  the  fact. 
—N.  Y.  (1894),  Art . 1. 

Sec.  20.  The  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty,  and  therefore  ought  never  to  be  restrained,  but  every  individual 
shall  be  held  responsible  for  the  abuse  of  the  same. — X.  C.  (1875),  Art.  1. 

Sec.  9.  Every  man  may  freely  write,  speak  and  publish  his  opinions 
on  all  subjects,  being  responsible  for  the  abuse  of  that  privilege.  In  all 
civil  and  criminal  trials  for  libel  the  truth  may  be  given  in  evidence, 
and  shall  be  a sufficient  defeuse  when  the  matter  is  published  with  good 
motives  and  for  justifiable  ends;  and  the  jury  shall  have  the  same  power 
of  giving  a general  verdict  as  in  other  cases;  and  in  all  indictments  or 
informations  for  libels  the  jury  shall  have  the  right  to  determine  the 
law  and  the  facts  under  the  direction  of  the  court  as  in  other  cases. 
— N.  Dak.  (1889)  , Art.  1. 

Sec.  11.  Every  citizen  may  freely  speak,  write,  and  publish  his  sen- 
timents on  all  subjects,  being  responsible  for  the  abuse  of  the  right; 
and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech, 
or  of  the  press.  In  all  criminal  prosecutions  for  libel,  the  truth  may  be 
given  in  evidence  to  the  jury,  and  if  it  shall  appear  to  the  jury,  that  the 
matter  charged  as  libelous  is  true,  and  was  published  with  good  motives 
and  for  justifiable  ends,  the  party  shall  be  acquitted. — Ohio  (1851),  Art.  1. 

Sec.  22.  Every  person  may  freely  speak,  write,  or  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right;  and 
no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of 
the  press.  In  all  criminal  prosecutions  for  libel,  the  truth  of  the  matter 
alleged  to  be  libelous  may  be  given  in  evidence  to  the  jury,  and  if  it 
shall  appear  to  the  jury  that  the  matter  charged  as  libelous  be  true,  and 
was  written  or  published  with  good  motives  and  for  justifiable  ends, 
the  party  shall  be  acquitted. — Okla.  (1907),  Art.  2. 

^ec.  8.  No  law  shall  be  passed  restraining  the  free  expression  of 
opinion,  or  restricting  the  right  to  speak,  write,  or  print  freely  on  any 
subject  whatever;  but  every  person  shall  be  responsible  for  the  abuse 
of  this  right. — Ore.  (1857),  Art.  1. 


Sec.  7.  The  printing  press  shall  be  free  to  every  person  who  may 


269 


undertake  to  examine  the  proceedings  of  the  legislature,  or  any  branch 
of  government,  and  no  law  shall  ever  be  made  to  restrain  the  right 
thereof.  The  free  communication  of  thoughts  and  opinions  is  one  of  the 
invaluable  rights  of  man,  and  every  citizen  may  freely  speak,  write 
and  print  on  any  subject,  being  responsible  for  the  abuse  of  that  liberty. 
No  conviction  shall  be  had  in  any  prosecution  for  the  publication  of 
papers  relating  to  the  official  conduct  of  officers  or  men  in  public  capac- 
ity, or  to  any  other  matter  proper  for  public  investigation  or  informa- 
tion, where  the  fact  that  such  publication  was  not  maliciously  or  negli- 
gently made  shall  be  established  to  the  satisfaction  of  the  jury;  and  in 
all  indictments  for  libel,  the  jury  shall  have  the  right  to  determine  the 
law  and  the  facts  under  the  direction  of  the  court,  as  in  other  cases. — 
Pa.  (1873),  Art.  1. 

Sec.  20.  The  liberty  of  the  press  being  essential  to  the  security  of 
freedom  in  a state,  any  person  may  publish  his  sentiments  on  any  sub- 
ject, being  responsible  for  the  abuse  of  that  liberty;  and  in  all  trials 
for  libel,  both  civil  and  criminal,  the  truth,  unless  published  from  ma- 
licious motives,  shall  be  sufficient  defense  to  the  person  charged. — 
R.  I.  (1842),  Art.  1. 

Sec.  5.  Every  person  may  freely  speak,  write  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right.  In  all  trials 
for  libel,  both  civil  and  criminal,  the  truth,  when  published  with  good  mo- 
tives and  for  justifiable  ends,  shall  be  sufficient  defense.  The  jury  shall 
have  the  right  to  determine  the  fact  and  the  law  under  the  direction  of 
the  court. — S.  D.  (1889),  Art.  6. 

Sec.  19.  That  the  printing  presses  shall  be  free  to  every  person  to 
examine  the  proceedings  of  the  legislature,  or  of  any  branch  or  officer 
of  the  government;  and  no  law  shall  ever  be  made  to  restrain  the 
right  thereof. 

The  free  communication  of  thoughts  and  opinions  is  one  of  the  in- 
valuable rights  of  man,  and  every  citizen  may  freely  speak,  write,  and 
print  on  any  subject,  being  responsible  for  the  abuse  of  that  liberty. 
But  in  prosecutions  for  the  publication  [“publications”  in  constitution 
of  1796]  of  papers  investigating  the  official  conduct  of  officers,  or  men 
in  public  capacity,  the  truth  thereof  may  be  given  in  evidence;  and 
in  all  indictments  for  libel,  the  jury  shall  have  the  right  to  determine 
the  law  and  the  facts,  under  the  direction  of  the  court,  as  in  other 
criminal  [“criminal”  not  in  constitution  of  1796]  cases. — Tenn.  (1870), 
Art.  1. 


Sec.  8.  Every  person  shall  be  at  liberty  to  speak,  write  or  publish 
his  opinions  on  any  subject,  being  responsible  for  the  abuse  of  that 
privilege;  and  no  law  shall  ever  be  passed  curtailing  the  liberty  of 
speech  or  of  the  press.  In  prosecutions  for  the  publication  of  papers 
investigating  the  conduct  of  officers  or  men  in  public  capacity,  or  when 
the  matter  published  is  proper  for  public  information,  the  truth  thereof 
may  be  given  in  evidence.  And  in  all  indictments  for  libels  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts,  under  the  di- 
rection of  the  court,  as  in  other  cases. — Tex.  (1875),  Art.  1. 


270 


Sec.  15.  No  law  shall  be  passed  to  abridge  or  restrain  the  freedom 
of  speech  or  of  the  press.  In  all  criminal  prosecutions  for  libel  the 
truth  may  be  given  in  evidence  to  the  jury;  and  if  it  shall  appear  to 
the  jury  that  the  matter  charged  as  libelous  is  true,  and  was  published 
with  good  motives,  and  for  justifiable  ends,  the  party  shall  be  acquitted; 
and  the  jury  shall  have  the  right  to  determine  the  law  and  the  fact. — 
Utah  (1856),  Art.  1. 

Art.  13.  That  the  people  have  a right  to  freedom  of  speech,  and  of 
writing  and  publishing  their  sentiments,  concerning  the  transactions  of 
government,  and  therefore  the  freedom  of  the  press  ought  not  to  be  re- 
strained.—Ft.  (1793),  Chap.  1. 

Sec.  12.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks 
of  liberty,  and  can  never  be  restrained  but  by  despotic  governments;  and 
any  citizen  may  freely  speak,  write  and  publish  his  sentiments  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right. — Va.  (1902),  Art. 
1. 


Sec.  5.  Every  person  may  freely  speak,  write  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right. — Wash.  (1889), 
Art.  1. 


Sec.  7.  No  law  abridging  the  freedom  of  speech,  or  of  the  press, 
shall  be  passed ; but  the  legislature  may  by  suitable  penalties,  restrain 
the  publication  or  sale  of  obscene  books,  papers  or  pictures,  and  pro- 
vide for  the  punishment  of  libel,  and  defamation  of  character,  and 
for  the  recovery  in  civil  actions,  by  the  aggrieved  party,  of  suitable  dam- 
ages for  such  libel,  or  defamation. — W.  Va.  (1872),  Art.  3. 

Sec.  3.  Every  person  may  freely  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that  right, 
and  no  laws  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech, 
or  of  the  press.  In  all  criminal  prosecutions,  or  indictments  for  libel, 
the  truth  may  be  given  in  evidence,  and  if  it  shall  appear  to  the  jury, 
that  the  matter  charged  as  libelous  be  true,  and  was  published  with 
good  motives  and  for  justifiable  ends,  the  party  shall  be  acquitted; 
and  the  jurv  shall  have  the  right  to  determine  the  law  and  the  fact. — 
Wi8.  (1898)",  Art.  1. 

Sec.  20.  Every  person  may  freely  speak,  write  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right;  and  in  all  trials 
for  libel,  both  civil  and  criminal,  the  truth,  when  published  with  good 
intent  and  for  justifiable  ends,  shall  be  a sufficient  defense,  the  jury  hav- 
ing the  right  to  determine  the  facts  and  the  law,  under  direction  of 
the  court. — Wyo.  (1889),  Art.  1. 


attainder;  ex  post  facto  laws;  impairment  of  contracts. 

(47)  Sec.  43.  The  legislature  shall  pass  no  hill  of  attainder,  ex  post 
facto  law , or  law  impairing  the  obligation  of  contracts. — Mich.  (1850), 
Art.  4. 


271 


Sec.  7.  That  no  person  shall  be  accused,  or  arrested,  or  detained, 
except  in  cases  ascertained  by  law,  and  according  to  the  form  which  the 
same  has  prescribed;  and  no  person  shall  be  punished  but  by  virtue 
of  a law  established  aud  promulgated  prior  to  the  offense  and  legally 
applied. — Ala.  (1901),  Art.  1. 

Sec.  19.  That  no  person  shall  be  attained  of  treason  by  the  legis- 
lature; and  no  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate. — Ala.  (1901),  Art.  1. 

Sec.  22.  That  no  ex  post  facto  law,  nor  any  law  impairing  the  obliga- 
tion of  contracts,  or  making  any  irrevocable  or  exclusive  grants  of 
special  privileges  or  immunities,  shall  be  passed  by  the  legislature;  and 
every  grant  of  a franchise,  privilege  or  immunity,  shall  forever  remain 
subject  to  revocation,  alteration  or  amendment. — Ala.  (1901),  Art.  1. 

Sec.  95.  There  can  be  no  law  of  this  state  impairing  the  obligation 
of  contracts  by  destroying  or  impairing  the  remedy  for  their  enforce- 
ment; and  the  legislature  shall  have  no  power  to  revive  any  right  or 
remedy  which  may  have  become  barred  by  lapse  of  time,  or  by  any 
statute  of  this  state.  After  suit  has  been  commenced  on  any  cause  of 
action,  the  legislature  shall  have  no  power  to  take  away  such  cause 
of  action,  or  destroy  anv  existing  defense  to  such  suit. — Ala.  (1901), 
Art.  4. 


Sec.  17.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts  shall  ever  be  passed;  and  no  conviction  shall 
work  corruption  of  blood  or  forfeiture  of  estate. — Ark.  (1874),  Art.  2. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligations  of  contracts,  shall  ever  be  passed. — Cal.  (1880),  Art.  1. 

Sec.  11.  That  no  ex  post  facto  law,  nor  law  impairing  the  obliga- 
tion of  contracts,  or  retrospective  in  its  operation,  or  making  any  irrevoc- 
able grant  of  special  privileges,  franchises  or  immunities,  shall  be  passed 
by  the  general  assembly. — Colo.  (1876),  Art.  2. 

Sec.  15.  No  person  shall  be  attainted  of  treason  or  felony  by  the 
legislature. — Conn.  (1818),  Art.  1. 

Sec.  17.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  impair- 
ing the  obligation  of  contracts,  shall  ever  be  passed.— Fla.  (1885),  Dec. 
of  Rights. 

Sec.  33.  No  statute  shall  be  passed  lessening  the  time  within  which 
a civil  action  may  be  commenced  on  any  cause  of  action  existing  at 
the  time  of  its  passage. — Fla.  (1885),  Art.  3. 

Sec.  3.  Par.  2.  No  bill  of  attainder,  ex  post  facto  law,  retroactive 
law,  or  law  impairing  the  obligation  of  contracts,  or  making  irrevocable 
grants  of  special  privileges  or  immunities,  shall  be  passed. — Ga.  (1877), 
Art.  1. 


Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts,  shall  ever  be  passed. — Idaho  (1889),  Art.  1. 

Sec.  14.  No  ex  post  facto  law.  or  law  impairing  the  obligation  of 
contracts,  or  making  any  irrevocable  grant  of  special  privileges  or  im- 
munities, shall  be  passed. — 111.  (1870),  Art.  2. 

Sec.  24.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contract,  shall  ever  be  passed. — Ind.  (1851),  Art.  1. 

Sec.  21.  No  bill  of  attainder,  ex  post  facto  law  or  law  impairing 
the  obligation  of  contracts,  shall  ever  be  passed. — Iowa  (1857),  Art.  1. 

Sec.  19.  No  ex  post  facto  law.  nor  any  law  impairing  the  obligation 
of  contracts,  shall  be  enacted. — Ky  (1891),  Bill  of  Rights. 

Sec.  20.  No  person  shall  be  attained  of  treason  or  felony  by  the 
general  assembly,  and  no  attainder  shall  work  corruption  of  blood,  nor,, 
except  during  the  life  of  the  offender,  forfeiture  of  estate  to  the  common- 
wealth.— Ky.  (1891),  Bill  of  Rights. 

Art.  166.  No  ex  post  facto  law.  nor  any  law  impairing  the  obliga- 
tions of  contracts,  shall  be  passed,  nor  vested  rights  be  divested,  unless 
for  purposes  of  public  utility,  and  for  adequate  compensation  pre- 
viously made. — La.  (1898),  Art.  166. 

Sec.  11.  The  legislature  shall  pass  no  bill  of  attainder,  ex  post  facto 
law,  nor  law  impairing  the  obligation  of  contracts,  and  no  attainder 
shall  work  corruption  of  blood  nor  forfeiture  of  estate. — Me.  (1819), 
.1/-/.  1. 

Art.  17.  That  retrospective  laws,  punishing  acts  committed  before 
the  existence  of  such  laws,  and  by  them  only  declared  criminal  are  op- 
pressive, uniust  and  incompatible  with  liberty;  wherefore,  no  ex  post 
facto  law  ought  to  be  made;  nor  any  retrospective  oath  or  restriction 
be  imposed  or  required. — Md.  (1867),  Dec.  of  Rights. 

Art.  18.  That  no  law  to  attaint  particular  persons  of  treason  or 
felony,  ought  to  be  made  in  any  case,  or  at  any  time,  hereafter. — Md. 
(1891),  Dec.  of  Rights. 

Art.  24.  Laws  made  to  punish  for  actions  done  before  the  existence 
of  such  laws,  and  which  have  not  been  declared  crimes  by  preceding 
laws,  are  unjust,  oppressive,  and  inconsistent  with  the  fundamental 
principles  of  a free  government. — Mass.  (1780),  Part  1. 

Art.  25.  No  subject  ought,  in  any  case,  or  in  any  time,  to  be  declared 
guilty  of  treason  or  felony  by  the  legislature. — Mass.  (1780),  Pai't.  1. 

Sec.  11.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  impair- 
ing the  obligation  of  contracts  shall  evei*  be  passed,  and  no  conviction 
shall  work  corruption  ,of  blood  or  forfeiture  of  estate. — Minn.  (1857), 
Art.  1. 


273 


Sec.  16.  Ex  post  facto  laws,  or  laws  impairing  the  obligation  of 
contracts  shall  not  be  passed. — Miss.  (1890),  Art.  3. 

Sec.  15.  That  no  ex  post  facto  law,  nor  law  impairing  the  obliga- 
tion of  contracts,  or  retrospective  in  its  operation,  or  making  any  irre- 
vocable grant  of  special  privileges  or  immunities,  can  be  passed  by  the 
general  assembly. — Mo.  (1875)  , Art.  2. 

Sec.  11.  No  ex  post  facto  law,  nor  law  impairing  the  obligation  of 
contracts,  or  making  any  irrevocable  grant  of  special  privileges,  fran- 
chises or  immunities ‘shall  be  passed  by  the  legislative  assembly. — Mont. 
(1889),  Art.  3. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts,  or  making  any  irrevocable  grant  of  special  privi- 
leges or  immunities,  shall  be  passed. — Nev.  (1875),  Art.  1, 

Sec.  15.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts,  shall  ever  be  passed. — Nev.  (1864),  Art.  1. 

Art.  23.  Retrospective  laws  are  highly  injurious,  oppressive,  and  un- 
just. No  such  laws,  therefore,  should  be  made,  either  for  the  decision 
of  civil  causes  or  the  punishment  of  offenses. — N.  E.,  Part.  1. 

3.  The  legislature  shall  not  pass  any  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  contracts,  or  depriving  a party 
of  any  remedy  for  enforcing  a contract  which  existed  when  the  con- 
tract was  made. — N.  J.  (1844),  Art.  4,  Sec.  7,  Cl.  3. 

Sec.  32.  Retrospective  laws,  punishing  acts  committed  before  the 
existence  of  such  laws,  and  by  them  only  declared  criminal  are  oppres- 
sive, uniust  and  incompatible  with  liberty;  wherefore  no  ex  post  facto 
law  ousffit  to  be  made.  No  law  taxing  retrospectively  sales,  purchases, 
or  other  acts  previously  done,  ought  to  be  passed. — N.  C.  (1875),  Art.  1. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligations  of  contracts  shall  ever  be  passed. — N.  Dak.  (1889),  Art.  1. 

Sec.  28.  The  general  assembly  shall  have  no  power  to  pass  retroactive 
laws,  or  laws  impairing  the  obligation  of  contracts ; but  may,  by  general 
laws,  authorize  courts  to  carry  into  effect,  upon  such  terms  as  shall  be 
just  and  equitable,  the  manifest  intention  of  parties,  and  officers,  by 
curing  omissions,  defects,  and  errors,  in  instruments  and  proceedings, 
arising  out  of  their  want  of  conformity  with  the  laws  of  this  state. — 
Ohio  (1851),  Art.  2. 

Sec.  15.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  impair- 
ing the  obligation  of  contracts,  shall  ever  be  passed.  No  conviction 
shall  work  a corruption  of  blood  or  forfeiture  of  estate : Provided,  That 
this  provision  shall  not  prohibit  the  imposition  of  pecuniarv  penalties. — 
Okla,  (1907),  Art.  2. 

35 — Legislative  Dept. 


274 


Sec.  21.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contracts,  shall  ever  be  passed,  nor  shall  any  law  be  passed,  the  taking 
effect  of  which  shall  be  made  to  depend  upon  any  authority,  except  as 
provided  in  this  constitution:  Provided , That  laws  locating  the  capital 
of  the  state,  locating  county  seats,  and  submitting  town  and  corpor- 
ate acts,  and  other  local  and  special  laws  may  take  effect  or  not,  upon 
a vote  of  the  electors  interested. — Ore.  (1857),  Art.  1. 

Sec.  17.  No  ex  post  facto  law,  nor  any  law  impairing  the  obligation 
of  contracts,  or  making  irrevocable  any  grant  of  special  privileges  or  im- 
munities shall  be  passed. — Pa.  (1873),  Art.  1. 

Sec.  18.  No  person  shall  be  attainted  of  treason  or  felony  by  the  legis- 
lature.—Pa.  (1873),  Art.  1. 

Sec.  12.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contracts,  shall  be  passed. — R.  I.  (1842),  Art.  1. 

Sec.  8.  No  bill  of  attainder,  ex  post  facto  law,  law  impairing  the 
obligation  of  contracts,  nor  law  granting  any  title  of  nobility  or  heredi- 
tary emolument,  shall  be  passed,  and  no  conviction  shall  work  corrup- 
tion of  blood  or  forfeiture  of  estate. — 8.  C*  (1895),  Art.  1. 

Sec.  12.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contracts  or  making  an}r  irrevocable  grant  or  privilege,  franchise  or 
immunity,  shall  be  passed. — 8.  D.  (1S89),  Art.  6. 

Sec.  22.  No  person  shall  be  attainted  of  treason  or  felony  by  the 
legislature  or  its  authority. — 8.  D.  (1889),  Art.  6. 

Sec.  11.  That  laws  made  for  the  punishment  of  acts  committed 
previous  to  the  existence  of  such  laws,  and  by  them  only  declared  crimi- 
nal, are  contrary  to  the  principles  of  a free  government;  wherefore 
no  ex  post  facto  law  shall  be  made. — Tenn.  (1870),  Art.  1. 

Sec.  20.  That  no  retrospective  law,  or  law  impairing  the  obligations 
of  contracts,  shall  be  made. — Tenn.  (1870),  Art.  1. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  retroactive  law,  or 
anv  law  impairing  the  obligation  of  contracts,  shall  be  made. — Tex . 
(1875),  Art.  1. 

Sec.  18.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts  shall  be  passed. — Utah  (1896),  Art.  1. 

Sec.  20.  No  person  ought  in  any  case,  or  in  any  time,  to  be  declared 
guilty  of  treason  or  felony,  by  the  legislature. — Vt.  (1793),  Chap.  2. 

Sec.  23.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligations  of  contracts  shall  ever  be  passed. — Wash.  (1889),  Art.  1. 

Sec.  12.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  im- 


275 


pairing  the  obligation  of  contracts  shall  ever  be  passed,  and  no  con- 
viction shall  work  corruption  of  blood,  or  forfeiture  of  estate. — Wis. 
(1848),  Art.  1. 

Sec.  35.  No  ex  post  facto  law,  nor  any  law  impairing  the  obliga- 
tion of  contracts,  shall  ever  be  made. — Wyo.  (1889),  Art.  1. 

\ 

HABEAS  CORPUS. 

(48)  Sec.  44.  The  pt'ivilege  of  the  writ  of  habeas  corpus  remains 
and  shall  not  be  suspended  by  the  legislature , except  in  case  of  re- 
bellion or  invasion  the  public  safety  require  it. — Mich.  (1850),  Art.  4. 

Sec.  17.  That  the  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  by  the  authorities  of  this  state. — Ala.  (1901),  Art.  1. 

Sec.  11.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, except  by  the  general  assembly,  in  case  of  rebellion,  insur- 
rection or  invasion,  when  the  public  safety  may  require  it. — Ark.  (1874), 
Art.  2. 


Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety 
may  require  its  suspension. — Cal.  (1880),  Art.  1. 

Sec.  21.  That  the  privilege  of  the  writ  of  habaes  corpus  shall  never 
be  suspended,  unless  when  in  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it. — Colo.  (1876),  Art.  2. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion  the  public  safety 
may  require  it. — Del.  (1897),  Art.  1. 

Sec.  7.  The  writ  of  habeas  corpus  shall  be  grantable  speedily  and  of 
right,  freely  and  without  cost,  and  shall  never  be  suspended  unless,  in 
case  of  rebellion  or  invasion,  the  public  safety  may  require  its  sus- 
pension.— Fla.  (1885),  Dec.  of  Rights. 

Sec.  1.  Par.  11.  The  writ  of  habeas  corpus  shall  not  be  suspended. — 
Ga.  (1877),  Art.  1. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless,  in  case  of  rebellion  or  invasion,  the  public  safety  re- 
quires it,  and  then  onlv  in  such  manner  as  shall  be  prescribed  by  law. — 
Idaho  (1889),  Art.  1. 

Sec.  27.  The  privileges  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, except  in  case  of  rebellion  or  invasion,  and  then  only  if  the  pub- 
lic safety  demand  it. — Ind.  (1851),  Art.  1. 

Sec.  13.  The  writ  of  habeas  corpus  shall  not  be  suspended  or  re- 
fused when  application  is  made  as  required  by  law,  unless  in  case  of 


276 


rebellion  or  invasion,  the  public  safety  mav  require  it. — Iowa  (A857)r 
Ail.  1. 

Sec.  8.  The  right  to  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  the  public  safety  requires  it  in  case  of  invasion  or  rebellion. — 
Kan.  (1859),  Bill  of  Rights. 

Art.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. — La.  (1898)_,  Art.  13. 

Art.  115.  The  district  judges  shall  have  power  to  issue  the  writ  of 
habeas  corpus  at  the  instance  of  any  person  in  actual  custody  in  their 
respective  districts. — La.  (1898),  Art.  115. 

Sec.  55.  The  general  assembly  shall  pass  no  law  suspending  the  privi- 
lege of  the  writ  of  habeas  corpus. — ltd.  (1867),  Art.  3. 

Art.  7.  The  privilege  and  benefit  of  the  writ  of  habeas  corpus  shall 
be  enjoyed  in  this  commonwealth,  in  the  most  free,  easy,  cheap,  expe- 
ditious, and  ample  manner;  and  shall  not  be  suspended  by  the  legisla- 
ture, except  upon  the  most  urgent  and  pressing  occasions,  and  for  a 
limited  time,  not  exceeding  twelve  months. — Mass.  (1780),  Part  2,  Chap. 
6. 


Sec.  21.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  case  of  rebellion  or  invasion,  the  public  safety 
mav  require  it,  nor  ever  without  the  authority  of  the  legislature. — Miss. 
(1890),  Art.  3. 

Sec.  26.  That  the  privilege  of  the  writ  of  habeas  corpus  shall  never 
be  suspended. — Mo.  (1875),  AH.  2. 

Sec.  21.  The  privilege  of  the  writ  of  habeas  corpus  shall  never  be  sus- 
pend, unless,  in  case  of  rebellion,  or  invasion,  the  public  safety  require 
it. — Mont.  (1889),  Art.  3. 

Sec.  8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless,  in  case  of  rebellion  or  invasion,  the  public  safety  re- 
quires it,  and  then  only  in  such  manner  as  shall  be  prescribed  by  lawr. 
—Xcb.  (1875);  Aft.  1. 

Sec.  5.  The  privilege  of  the  w’rit  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  its  suspension. — Nev.  (1864),  Art.  1. 

Art.  90.  The  privilege  and  benefit  of  the  habeas  corpus  shall  be  en- 
joyed in  this  state,  in  the  most  free,  easy,  cheap,  expeditious,  and  ample 
manner,  and  shall  not  be  suspended  by  the  legislature  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a time  not  exceeding  three 
months. — N.  H.,  PaH  2. 


11.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  in  case  of  rebellion  or  invasion  the  public  safety  may  require 
it. — N.  J.  (1844),  Art.  1,  Sec.  11. 

Sec.  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety 
may  require  its  suspension. — N.  Y.  (1894),  Art.  1. 

Sec.  18.  Every  person  restrained  of  his  liberty  is  entitled  to  a remedy 
to  enquire  into  the  lawfulness  thereof,  and  to  remove  the  same,  if  un- 
lawful ; and  such  remedy  ought  not  to  be  denied  or  delayed. — N.  0.  (1875)' 
Art.  1. 

Sec.  21.  The  privileges  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended.— N.  C.  (1875),  Art.  1. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require. — N.  Dak.  (1889),  Art.  1. 

Sec.  8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless,  in  cases  of  rebellion  or  invasion  the  public  safety  require 
it. — Ohio  (1851),  AH.  1. 

Sec.  10.  The  privilege  of  the  writ  of  habeas  corpus  shall  never  be 
suspended  by  the  authorities  of  this  state. — Okla.  (1907),  Art.  2. 

Sec.  23.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  in  case  of  rebellion  or  invasion,  the  public  safety  re- 
quire it. — Ore.  (1857),  Art.  1. 

Sec.  23.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when,  in  case  of  insurrection,  rebellion  or  invasion,  the 
public  safety  may  require  it. — S.  O.  (1895),  Art.  1. 

Sec.  15.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties,  un- 
less for  capital  offenses,  when  the  proof  is  evident,  or  the  presumption 
great.  And  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  case  of  rebellion  or  invasion,  the  general  as- 
sembly shall  declare  the  public  safety  requires  it. — Tenn.  (1870),  Art.  1. 

Sec.  12.  The  writ  of  habeas  corpus  is  a writ  of  right,  and  shall  never 
be  suspended.  The  legislature  shall  enact  laws  to  render  the  remedy 
speedy  and  effectual. — Tex.  (1875)  , Art.  1. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be, 
suspended,  unless,  in  case  of  rebellion  or  invasion,  the  public  safety  re- 
quires it. — Utah  (1896),  Art.  1. 

Art.  12.  The  writ  of  habeas  corpus  shall  in  no  case  be  suspended. — It 
shall  be  a writ,  issuable  of  right;  and  the  general  assembly  shall  make 


4 


278 


provision  to  render  it  a speedy  and  effectual  remedy  in  all  cases  proper 
therefor. — Vt.  (1793),  Arndt.  Art . 12. 

Sec.  58.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when  in  cases  of  invasion  or  rebellion,  the  public  safety 
may  require.  The  general  assembly  shall  not  pass  any  bill  of  attainder, 
or  any  ex  post  facto  law,  or  any  law  impairing  the  obligation  of  contracts, 
or  any  law  abridging  the  freedom  of  speech  or  of  the  press.  It  shall  not 
enact  any  law  whereby  private  property  shall  be  taken  or  damaged  for 
public  uses,  without  just  compensation.  No  man  shall  be  compelled  to 
frequent  or  support  any  religious  worship,  place,  or  ministry  whatsoever, 
nor  shall  be  enforced,  restrained,  molested,  or  burthened  in  his  body  or 
goods,  nor  shall  otherwise  suffer  on  account  of  his  religious  opinions  or 
belief ; but  all  men  shall  be  free  to  profess,  and  by  argument  to  maintain, 
their  opinions  in  matters  of  religion,  and  the  same  shall  in  no  wise  dimin- 
ish, enlarge,  or  affect  their  civil  capacities.  And  the  general  assembly 
shall  not  prescribe  any  religious  test  whatever,  or  confer  any  peculiar 
privileges  or  advantages  on  any  sect  or  denomination,  or  pass  any  law 
requiring  or  authorizing  any  religious  society,  or  the  people  of  any  dis- 
trict within  this  state,  to  levy  on  themselves  or  others  any  tax  for  the 
erection  or  repair  of  any  house  of  public  worship,  or  for  the  support  of 
any  church  or  ministry;  but  it  shall  be  left  free  to  every  person  to  select 
his  religious  instructor,  and  to  make  for  his  support  such  private  con- 
tract as  he  shall  please. — Va.  (1902),  Art.  4. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  in  case  of  rebellion  or  invasion  the  public  safetv  requires 
it.—  Wash.  (1889),  Art . 1. 

Sec.  4.  The  privilege  of  a writ  of  habeas  corpus  shall  not  be  sus- 
pended. No  person  shall  be  held  to  answer  for  treason,  felony  or  other 
crime  not  cognizable  by  a justice,  unless  on  presentment  or  indictment 
of  a grand  jury.  No  bill  of  attainder,  ex-post  facto  law,  or  law  impairing 
the  obligation  of  a contract,  shall  be  passed. — W.  Va.  (1872),  Art.  3. 

Sec.  17.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless,  when  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. — Wyo.  (1889),  Art.  1. 

LOCAL  AND  PRIVATE  APPROPRIATIONS. 

(49)  Sec.  45.  The  assent  of  two-thirds  of  the  members  elected  to  each 
house  of  the  legislature  shall  be  requisite  to  cvei'y  bill  appropriating  the 
public  money  oir  property  foi'  local  or  private  purposes. — Mich.  (1850) , 
Art.  4. 

f 

Sec.  31.  No  state  tax  shall  be  allowed,  or  appropriation  of  money 
made,  except  to  raise  means  for  the  payment  of  the  just  debts  of  the 
state,  for  defraying  the  necessary  expenses  of  government,  to  sustain 
common  schools,  to  repel  invasions  and  suppress  insurrection,  except 
by  a majority  of  two-thirds  of  both  houses  of  the  general  assembly. — 
Art.  (1874),  Art.  5. 


Sec.  16.  Par.  1.  The  general  assembly  shall  not,  by  vote,  resolution 
or  order,  grant  any  donation,  or  gratuity,  in  favor  of  any  person,  cor- 
poration or  association. — Ga.  (1877),  Art.  7. 

Sec.  66.  No  law  granting  a donation,  or  gratuity,  in  favor  of  any 
person  or  object  shall  be  enacted,  except  by  the  concurrence  of  two- 
thirds  of  each  branch  of  the  legislature,  nor  by  any  vote  for  a sectarian 
purpose  or  use. — Miss.  (1890),  Art.  4. 

Sec.  46.  The  general  assembly  shall  have  no  power  to  make  any  grant, 
or  to  authorize  the  making  of  any  grant  of  public  money  or  thing  of 
value  to  any  individual,  association  of  individuals,  municipal  or  other 
corporation  whatsoever:  Provided , That  this  shall  not  be  so  construed 
as  to  prevent  the  grant  of  aid  in  a case  of  public  calamitv. — Mo.  (1875), 
Art.  4. 

Sec.  17.  No  appropriation  shall  be  made  to  any  charitable  or  edu- 
cational institution  not  under  the  absolute  control  of  the  commonwealth, 
other  than  normal  schools  established  by  law  for  the  professional  train- 
ing of  teachers  for  the  public  schools  of  the  state,  except  by  a vote  of 
two-thirds  of  all  the  members  elected  to  each  house. — Pa.  (1873),  Art.  3. 

Sec.  14.  The  assent  of  two-thirds  of  the  members  elected  to  each  house 
of  the  general  assembly  shall  be  required  to  every  bill  appropriating  the 
public  money  or  property  for  local  or  private  purposes. — R.  I.  (1842), 
Art.  4. 

Sec.  51.  The  legislature  shall  have  no  power  to  make  any  grant,  or 
authorize  the  making  of  any  grant,  of  public  money  to  any  individual, 
association  of  individuals,  municipal  or  other  corporation  whatsoever: 
Provided,  That  this  shall  not  be  so  construed  as  to  prevent  the  grant  of 
aid  in  case  of  public  calamity. — Tex.  (1875),  Art.  3. 

Sec.  20.  The  assent  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  legislature  shall  be  requisite  to  every  bill  appropriating 
the  public  monevs  or  property  for  local  or  private  purposes. — N.  Y. 
(1894),  Art.  3. 


JURY  OF  LESS  THAN  TWELVE. 

(50)  Sec.  46.  The  legislature  may  authorize  a trial  by  a jury  of  a 
less  number  than  twelve  men. — Mich.  (1850),  Art.  4. 

Sec.  38.  The  number  of  jurors  for  the  trial  of  causes  in  any  court 
mav  be  fixed  bv  law  but  shall  not  be  less  than  six  in  any  case. — Fla. 
(1885),  Art.  5. 

Sec.  248.  A grand  jury  shall  consist  of  twelve  persons,  nine  of  whom 
concurring,  may  find  an  indictment.  In  civil  and  misdemeanor  cases, 
in  courts  inferior  to  the  circuit  courts,  a jury  shall  consist  of  six  per- 
sons. The  general  assembly  may  provide  that  in  any  or  all  trials  of 


280 


civil  actions  in  the  circuit  courts,  three-fourths  or  more  of  the  jurors 
concurring  may  return  a verdict,  which  shall  have  the  same  force  and 
effect  as  if  rendered  by  the  entire  panel.  But  where  a .verdict  is  ren- 
dered by  a less  number  than  the  whole  jury,  it  shall  be  signed  by  all  the 
jurors  who  agree  to  it. — Ky.  (1891),  Sec.  24 8. 


INDETERMINATE  SENTENCES. 

(51)  Sec.  47.  The  legislature  may,  by  laic , provide  for  the  indetermi- 
nate sentences  so  called,  as  a punishment  fob'  crime , on  conviction  thei'eof, 
and  for  the  detention  and  release  of  persons  imprisoned  or  detained  on 
said  sentences. — Mich.  (1850),  Art.  4. 


STYLE  OF  LAWS. 

(52)  Sec.  48.  The  style  of  the  laics  shall  he,  ((Tlie  People  of  the 
State  of  Michigan  enact.'' — Mich.  (1850),  Art.  4. 

Sec.  45.  The  style  of  the  laws  of  this  state  shall  be : “Be  it  enacted 
by  the  legislature  of  Alabama,”  which  need  not  be  repeated,  but  the  act 
shall  be  divided  into  sections  for  convenience,  according  to  substance; 
and  the  sections  designated  merely  by  figures.  Each  law  shall  contain 
but  one  subject,  which  shall  be  clearly  expressed  in  its  title,  except 
general  appropriation  bills,  general  revenue  bills,  and  bills  adopting  a 
code,  digest,  or  revision  of  statutes ; and  no  law  shall  be  revived,  amend- 
ed, or  the  provisions  thereof  extended  or  conferred,  by  reference  to  its 
title  only;  but  so  much  thereof  as  is  revived,  amended,  extended,  or 
conferred,  shall  be  re-enacted  and  published  at  length. — Ala.  (1901), 
Art.  4. 

Sec.  19.  The  style  of  the  laws  of  the  state  of  Arkansas  shall  be : “Be 
it  enacted  bv  the  general  assemblv  of  the  state  of  Arkansas.” — Ark. 
(1874),  Art.  5. 


Sec.  18.  The  style  of  the  laws  of  this  state  shall  be:  “Be  it  enacted 
bv  the  general  assembly  of  the  state  of  Colorado.” — Colo.  (1876),  Art.  5. 

Sec.  15.  The  enacting  clause  of  every  law  shall  be  as  follows:  “Be 

it  enacted  by  the  legislature  of  the  state  of  Florida.” — Fla.  (1885),  Art.  3. 

Sec.  11.  The  style  of  the  laws  of  this  state  shall  be:  “Be  it  enacted 
bv  the  people  of  the  state  of  Illinois,  represented  in  the  general  assemblv.” 
—III.  (1870),  Art,  4. 

Sec.  20.  The  enacting  clause  of  all  laws  shall  be,  “Be  it  enacted  by 
the  legislature  of  the  state  of  Kansas;”  and  no  law  shall  be  enacted 
except  by  bill. — Kan.  (1859),  Art.  2. 

Sec.  62.  The  style  of  the  laws  of  this  commonwealth  shall  be  as  fol- 
lows : “Be  it  enacted  bv  the  general  assemblv  of  the  commonwealth  of 

Kentucky.” — Ky.  (1891)*,  Sec.  62. 


281 


Art.  22.  The  style  of  the  laws  of  this  state  shall  be:  “Be  it  enacted 

by  the  general  assembly  of  the  state  of  Louisiana.” — La.  (1898),  Art.  22. 

Sec.  29.  The  style  of  all  laws  of  this  state  shall  be,  “Be  it  enacted 
by  the  general  assembly  of  Maryland,”  and  all  laws  shall  be  passed  by 
original  bill;  and  every  law  enacted  by  the  general  assembly  shall  em- 
brace but  one  subject,  and  that  shall  be  described  in  its  title;  and  no 
law,  nor  section  of  law,  shall  be  revived  or  amended  by  reference  to  its 
title  or  section  only ; nor  shall  any  law  be  construed  by  reason  of  its 
title  to  grant  powers  or  confer  rights  which  are  not  expressly  contained 
in  the  body  of  the  act ; and  it  shall  be  the  duty  of  the  general  assembly, 
in  amending  any  article  or  section  of  the  code  of  laws  of  this  state,  to 
enact  the  same  as  the  said  article  or  section  would  read  when  amended. 
And  whenever  the  general  assembly  shall  enact  any  public  general  law, 
not  amendatory  of  any  section  or  article  in  the  said  code,  it  shall  be 
the  duty  of  the  general  assembly  to  enact  the  same,  in  articles  and  sec- 
tions, in  the  same  manner  as  the  code  is  arranged,  and,  to  provide  for 
the  publication  of  all  additions  and  alterations  which  may  be  made  to 
the  said  code. — Md.  (1867),  Art.  3. 

Art.  8.  The  enacting  style,  in  making  and  passing  all  acts,  statutes, 
and  laws,  shall  be — “Be  it  enacted  by  the  senate  and  house  of  repre- 
sentatives in  general  court  assembled,  and  by  the  authority  of  the  same.” 
— Mass.  (1780),  Part  2,  Chap.  6. 

Sec.  13.  The  style  of  all  laws  of  this  state  shall  be:  “Be  it  enacted 

by  the  legislature  of  the  state  of  Minnesota.”  No  law  shall  be  passed 
unless  voted  for  by  a majority  of  all  the  member  § elected  to  each  branch 
of  the  legislature,  and  the  vote,  entered  upon  the  journal  of  each  house. 
—Minn.  (1857),  Art.  4. 

Sec.  56.  The  style  of  the  laws  of  the  state  shall  be : “Be  it  enacted 

by  the  legislature  of  the  state  of  Mississippi.” — Miss.  (1890),  Art.  4. 

Sec.  24.  The  style  of  the  laws  of  this  state  shall  be:  “Be  it  enacted 
by  the  general  assembly  of  the  state  of  Missouri,  as  follows.” — Mo. 
(1875),  Art.  4. 

Sec.  20.  The  enacting  clause  of  every  law  shall  be  as  follows : “Be  it 
enacted  by  the  legislative  assemblv,  of  the  state  of  Montana.” — Mont. 
(1889),  Art.  5. 

Sec.  23.  The  enacting  clause  of  every  law  shall  be  as  follows:  “The 
people  of  the  state  of  Nevada,  represented  in  senate  and  assembly,  do 
enact  as  follows,”  and  no  law  shall  be  enacted  except  by  bill. — Nev. 
(1864),  Art.  4. 

Art.  91.  The  enacting  style  in  making  and  passing  acts,  statutes, 
and  laws  shall  be,  Be  it  enacted  by  the  senate  and  house  of  representa- 
tives in  general  court  convened. — N.  H.y  Part.  2. 

5.  The  laws  of  this  state  shall  begin  in  the  following  style : “Be  it 

36 — Legislative  Dept. 


282 


enacted  by  the  senate  and  general  assembly  of  the  state  of  New  Jersey. — 
A.  J.  (1844),  Art.  4,  Sec.  7. 

Sec.  14.  The  enacting  clause  of  all  bills  shall  be  “The  people  of  the 
state  of  New  York,  represented  in  senate  and  assembly,  do  enact  as  fol- 
lows,” and  no  law  shall  be  enacted  except  by  bill. — N.  Y.  (1894),  Art.  3. 

Sec.  21.  The  style  of  the  acts  shall  be:  “The  general  assembly  of 

North  Carolina  do  enact.’” — N.  C.  (1875),  Art.  2. 

Sec.  59.  The  enacting  clause  of  every  law  shall  be  as  follows:  “Be 

it  enacted  bv  the  legislative  assembly  of  the  state  of  North  Dakota.” — 
N.  Dak.  (1889),  Art.  2. 

Sec.  18.  The  style  of  the  laws  of  this  state  shall  be,  “Be  it  enacted  by 
the  general  assembly  of  the  state  of  Ohio.” — Ohio  (1851),  Art.  2. 

Sec.  3.  Referendum  petitions  shall  be  filed  with  the  secretary  of 
state  not  more  than  ninety  days  after  the  final  adjournment  of  the  ses- 
sion of  the  legislature  which  passed  the  bill  on  which  the  referendum  is 
demanded.  The  veto  power  of  the  governor  shall  not  extend  to  meas- 
ures voted  on  by  the  people.  All  elections  on  measures  referred  to  the 
people.  All  elections  on  measures  referred  to  the  people  of  the  state  shall 
be  had  at  the  next  election  held  throughout  the  state,  except  when  the 
legislature  or  the  governor  shall  order  a special  election  for  the  express 
purpose  of  making  such  reference.  Any  measure  referred  to  the  people 
by  the  initiative  shall  take  effect  and  be  in  force  when  it  shall  have 
been  approved  by  a majority  of  the  votes  cast  in  such  election.  Any  meas- 
ure referred  to  the  people  by  the  referendum  shall  take  effect  and  be  in 
force  when  it  shall  have  been  approved  by  a majority  of  the  votes  cast 
thereon  and  not  otherwise. 

The  style  of  all  bills  shall  be : “Be  it  enacted  by  the  people  of  the  state 
of  Oklahoma.” 

Petitions  and  orders  for  the  initiative  and  for  the  referendum  shall  be 
filed  with  the  secretary  of  state  and  addressed  to  the  governor  of  the 
slate,  who  shall  submit  the  same  to  the  people.  The  legislature  shall 
make  suitable  provisions  for  carrying  into  effect  the  provisions  of  this 
article. — Olcla.  (1907),  Art.  5. 

Sec.  16.  The  style  of  all  laws  shall  be : “Be  it  enacted  by  the  general 
assembly  of  the  state  of  South  Carolina.” — S.  C.  (1895),  Art.  3. 

Sec.  18.  The  enacting  clause  of  a law  shall  be:  “Be  it  enacted  by  the 
legislature  of  the  state  of  South  Dakota,”  and  no  law  shall  be  passed 
unless  by  assent  of  a majority  of  all  the  members  elected  to  each  house 
of  the  legislature.  And  the  question  upon  the  final  passage  shall  be 
taken  upon  its  last  reading,  and  the  yeas  and  nays  shall  be  entered  upon 
the  journal. — S.  D.  (1889),  Art.  3. 

Sec.  29.  The  enacting  clause  of  all  laws  shall  be,  “Be  it  enacted  by 
the  legislature  of  the  state  of  Texas.” — Tex.  (1875),  Art.  3. 


283 


Sec.  22.  The  enacting  clause  of  every  law  shall  be,  “Be  it  enacted 
by  the  legislature  of  the  state  of  Utah.”  Except  such  laws  as  may  be 
passed  by  the  vote  of  the  electors  as  provided  in  subdivision  2,  section 
1 of  this  article,  and  such  laws  shall  begin  as  follows:  “Be  it  enacted 
by  the  people  of  the  state  of  .Utah.”  No  bill  or  joint  resolution  shall 
be  passed,  except  with  the  assent  of  the  majority  of  all  the  members 
elected  to  each  house  of  the  legislature,  and  after  it  has  been  read  three 
times.  The  vote  upon  the  final  passage  of  all  bills  shall  be  by  yeas  and 
nays ; and  no  law  shall  be  revised  or  amended  by  reference  to  its  title 
only,  but  the  act  as  revised  or  section  as  amended,  shall  be  re-enacted 
and  published  at  length. — Utah  (1896),  Art.  6 [Arndt.). 

Sec.  15.  The  style  of  the  laws  of  this  state  in  future  to  be  passed 
shall  be.  It  is  hereby  enacted  by  the  general  assembly  of  the  state  of 
Vermont. — Vt.  (1793),  Chap.  2. 

Sec.  18.  The  style  of  the  laws  of  the  state  shall  be:  “Be  it  enacted 
by  the  legislature  of  the  state  of  Washington.”  And  no  law  shall  be 
enacted  except  by  bill. — Wash.  (1889),  Art.  2. 

Sec.  17.  The  style  of  the  laws  of  the  state  shall  be  “The  people  of 
the  state  of  Wisconsin,  represented  in  the  senate  and  assembly,  do 
enact  as  follows:”  and  no  law  shall  be  enacted  except  by  bill. — Wis. 
(1848),  Art.  4. 

Sec.  21.  The  enacting  clause  of  every  law  shall  be  as  follows:  “Be 

it  enacted  by  the  legislature  of  the  state  of  Wyoming.” — Wyo.  (1889), 
Art.  3. 

COUNTY  AND  TOWNSHIP  HIGHWAYS  AND  BRIDGES. 

(53)  Sec.  49.  The  legislature  may  provide  for  the  laying  out,  con- 
struction, improvement  and  maintenance  of  highways,  bridges  and 
culverts  by  counties  and  townships,  and  may  authorize  counties  to  take 
charge  and  control  of  any  highways  within  their  limits  for  such  pur- 
poses; and  may  modify,  change  or  abolish  the  powers  and  duties  of 
township  commissioners  and  overseers  of  hightvays.  But  the  tax  raised 
in  any  one  year  shall  not  exceed  tico  dollars  upon  each  one  thousand 
dollars  valuation,  according  to  the  assessment  roll  of  the  county  for 
the  preceding  year.  The  legislature  may  also  prescribe  the  poivers  and 
duties  of  boards  of  supervisors  in  relation  to  highways,  bridges  and 
culverts,  and  may  provide  for  one  or  more  county  road  commissioners, 
to  be  elected  by  the  people,  or  appointed,  with  such  powers  and  duties 
as  may  be  prescribed  by  law.  No  county  shall  incur  any  indebtedness 
for  any  purposes  in  excess  of  three  per  cent  of  the  valuation,  according 
to  the  last  assessment  roll,  and  not  such  indebtedness  beyond  one-half 
of  one  per  cent  of  such  valuation  shall  be  incurred,  unless  authorized  by 
a majority  of  the  electors  of  said  county  voting  thereon.  Provided, 
That  any  county  road  system  provided  by  law  shall  not  go  into  opera- 
tion in  any  county  until  the  electors  of  said  county,  by  a majority  vote, 
have  declared  in  favor  of  adopting  the  county  road  system. — Mich. 
(1850),  Art.  4. 


284 


Sec.  36.  The  legislature  shall  have  power  to  establish  a system  of 
state  highways  or  to  declare  any  road  a state  highway,  and  to  pass  all 
laws  necessary  or  proper  to  construct  and  maintain  the  same,  and  to 
extend  aid  for  the  construction  and  maintenance  in  whole  or  in  part 
of  any  county  highway. — Cal.  (1880),  Art.  4 (Arndt.  1902.). 

Sec.  30.  The  general  assembly  may  provide  for  establishing  and  open- 
ing roads  and  cartways,  connected  with  a public  road,  for  private  and 
public  use. — III.  (1870),  Art.  4. 

Sec.  12.  A debt  or  debts  of  the  state  may  be  authorized  by  law  for 
the  improvement  of  highways.  Such  highways  shall  be  determined  un- 
der general  laws,  which  shall  also  provide  for  the  equitable  apportion- 
ment thereof  among  the  counties.  The  aggregate  of  the  debts  authorized 
by  this  section  shall  not  at  any  one  time  exceed  the  sum  of  fifty  millions 
of  dollars.  The  payment  of  the  annual  interest  on  such  debt  and  the 
creation  of  a sinking  fund  of  at  least  two  per  centum  per  annum  to 
discharge  the  principal  at  maturity  shall  be  provided  by  general  laws, 
whose  force  and  effect  shall  not  be  diminished  during  the  existence  of 
any  debt  created  thereunder.  The  legislature  may  by  general  laws 
require  the  county  or  town  or  both  to  pay  to  the  sinking  fund  the  pro- 
portionate part  of  the  cost  of  any  such  highway  within  the  boundaries 
of  such  county  or  town  and  the  proportionate  part  of  the  interest  there- 
on, but  no  county  shall  at  any  time  for  any  highway  be  required  to  pay 
more  than  thirty-five  hundredths  of  the  cost  of  such  highway,  and  no 
town  more  than  fifteenth  hundredths.  None  of  the  provisions  of  the 
fourth  section  of  this  article  shall  apply  to  debts  for  the  improvement 
of  highways  hereby  authorized. — A.  Y.  (1894),  Art.  7 (Arndt.  1905). 

Sec.  24.  The  legislature  shall  make  provision  for  laying  out  and 
working  public  roads,  for  the  building  of  bridges,  and  for  utilizing  fines, 
forfeitures  and  convict  labor  to  all  these  purposes. — Tex.  (1875),  Art.  16. 


THE  ! HF  tuf 

APR  1934 

l'*'l  R,MTY  OF  I ILLINOIS 


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